REGULATIONS 


CONCERNING 


St-P 


[IGHT  OF  f  AY  FOR  CANALS,  DlTClES,  AND  RESERVOIRS, 


PERMISSION  TO  USE  RIGHT  OF  WAY  FOR  TELEGRAPH 

AND  TELEPHONE  LINES,  ELECTRICAL  PLANTS, 

CANALS,  RESERVOIRS,  TRAMROADS,  ETC, 


OVER  THE 


PUBLIC  LANDS  AND  RESERVATIONS. 


FOR  IRRIGATION— Under  sections  18  to  21,  act  of  March  3,  1891  (2G  Stat, 
line,),  the  act  of  February  20.  18!>7  (21)  Stat..  r,99),  and  the  act  of  May  11.  1S9S 
(:;o  Stat..  404). 

FOR  OIL  PIPE  LINES— Under  act  of  May  21.  1890  (29  Stat.  127). 

FOR  THE  CONSTRUCTION  OF  RESERVOIRS  ON  PUBLIC  LANDS  FOR 
WATERING  LIVE  STOCK— Under  act  of  January  13,  1897  (29  Stat.  484). 

FOR  TELEGRAPH  AND  TELEPHONE  LINES.  ELECTRICAL  PLANTS.  AND 
FOR  CANALS  AND  RESERVOIRS  FOR  PURPOSES  OTHER  THAN  IRRI- 
GATION—Under  act  of  February  15,  1901  (31  Stat..  790). 

FOR  TRAMROADS— Under  act  January  21.  1895  (28  Stat,  635),  and  Section  1 
of  the  act  of  May  11.  189S  (30  Stat..  404). 

FOR  MUNICIPAL  OR  MINING  PURPOSES— Under  act  of  February  1,  1905 
(33  Stat,  028). 

APPROVED  SEPTEMBER  2S,   190r,. 
Amendment  of  circulars  of  July  8,  1901,  June  20,  1902,  and  March  1,  1905. 


WASHINGTON: 

GOVERNMENT    PRINTING    OFFICE. 

1905. 


RIGHT  OF  WAY  FOR  RAILROADS,  CANALS,  RESERVOIRS,  ETC. 


F.  DEPARTMENT  OF  THE  INTERIOR, 

GENERAL    LAND    OFFICE, 

WASHINGTON,  D.  C.,  April  25,  1906. 

AMENDATORY    CIRCULAR. 

In  accordance  with  the  agreement  made  by  and  between  the  Depart- 
ment of  the  Interior  and  the  Department  of  Agriculture,  paragraph  2 
of  the  circular  of  February  11,  1904  (32  L.  D.,  481),  and  paragraphs  3 
and  66  of  the  circular  of  September  28,  1905  (34  L.  D.,  212),  except  the 
last  clause  in  each  relative  to  construction  in  advance  of  approval  or 
specific  permission,  which  will  remain  as  at  present,  are  hereby  amended 
so  as  to  read  as  follows : 

Whenever  a  right  of  way  is  located  upon  a  forest  or  timber-land 
reserve,  the  applicant  must  enter  into  such  stipulation  and  execute 
such  bond  as  the  Secretary  of  Agriculture  may  require  for  the  protection 
of  such  reserves. 

This  amendment  applies  to  forest  or  timber-land  reserves  only,  not  to 
national  parks. 

W.  A.  RICHARDS, 

Commissioner, 
Approved  April  25,  1906. 

E.  A.  HITCHCOCK, 

Secretary. 

25229b3mlO-06 


REGULATIONS 


CONCERNING 


RIGHT  OF  FAY  FOR  CANALS,  DITCHES,  AND  RESERVOIRS, 


PERMISSION  TO  USE  RIGHT  OF  WAY  FOR  TELEGRAPH 

AND  TELEPHONE  LINES,  ELECTRICAL  PLANTS, 

CANALS,  RESERVOIRS,  TRAMROADS,  ETC, 


OVER    THE 


PUBLIC  LANDS  AND  RESERVATIONS. 


FOR  IRRIGATION— Under  sections  18  to  21.  act  of  March  3,  1891   (26  Stat, 

1905),  the  act  of  February  26,  1897  (29  Stat.,  599),  and  the  act  of  May  11,  1898 

(30  Stat,  404). 

FOR  OIL  PIPE  LINES— Under  act  of  May  21,  1896  (29  Stat,  127). 
FOR   THE   CONSTRUCTION   OF   RESERVOIRS  'ON   PUBLIC   LANDS   FOR 

WATERING  LIVE  STOCK— Under  act  of  January  13,  1897  (29  Stat.,  484). 
FOR  TELEGRAPH  AND  TELEPHONE  LINES,  ELECTRICAL  PLANTS,  AND 

FOR  CANALS  AND  RESERVOIRS  FOR  PURPOSES  OTHER  THAN  IRRI-     V 

GATION— Under  act  of  February  15,  1001  (31  Stat..  790"). 
FOR  TRAMROADS-^ITder  actTTanuary  21,  1895  (28  Stat.,  635),  and  Section  1 

of  the  act  of  May  11,  1898  (30  Stat,  404). 
FOR  MUNICIPAL  OR  MINING  PURPOSES— Under  act  of  February  1,  1905 

(33  Stat,  628). 

APPROVED  SEPTEMBER  28.  1905. 
Amendment  of  circulars  of  July  8.  1901,  June  26,  1902,  and  March  1,  1905. 


WASHINGTON: 

GOVERNMENT    PRINTING    OFFICE. 

1905. 


Q 


r 

\  .~M 


RIGHT  OF  WAY  FOR  CANALS,  DITCHES,  AND  RESERVOIRS. 


Sections  18,  19,  20,  and  21  of  the  act  of  Congress  ap- 
proved  March  3,  1891  (26  Stat,  1095),  entitled  "An  act  to  tions- 
repeal  timber-culture  laws,  and  for  other  purposes,"  grant 
the  right  of  way  through  the  public  lands  and  reserva- 
tions of  the  United  States  for  the  use  of  canals,  ditches, 
reservoirs  heretofore  or  hereafter  constructed  by  corpora- 
tions, individuals,  or  associations  of  individuals  upon  the 
filing  and  approval  of  the  papers  and  maps  therein  pro- 
vided for.  When  the  right  of  way  is  upon  a  reservation 
not  within  the  jurisdiction  of  the  Interior  Department, 
the  application  must  be  filed  in  accordance  with  these 
regulations,  and  will  be  submitted  to  the  Department 

having:   jurisdiction.     But   where   the   right   of   way   is     Military  res- 

,  .  ,  .  .  i  •        •        ervations. 

wholly   within   a   military   reservation,   the   application 

should  be  filed  with  the  War  Department,  direct.  A 
map  and  field  notes  of  the  portion  within  any  reserva- 
tion must  be  submitted,  in  addition  to  the  duplicates 
required  herein,  except  in  the  case  of  a  forest  or  timber 
land  reserve.  This  map  and  field  notes  must  conform  to 
all  the  provisions  of  this  circular,  and  the  local  officers 
will  forward  them  to  this  office. 

The  word  adjacent,  as  used  in  section  18  of  the  act,  in 
connection  with  the  right  to  take  material  for  construe-  lands- 
tioh  from  the  public  lands,  must  be  construed  according 
to  the  conditions  of  each  separate  case  (28  L.  D.,  439). 
The  right  extends  only  to  construction,  and  no  public 
timber  or  material  may  be  taken  or  used  for  repair  or 
improvements  (14  L.  D.,  566).  These  decisions  were 
rendered  under  the  railroad  right-of-way  act,  and  are 
applied  to  this,  as  the  words  are  the  same  in  both. 

The  sections  above  noted  read  as  follows : 

SEC.  18.  That  the  right  of  way  through  the  public  lands  and  res-     Right  of  way 
ervations  of  the  United  States  is  hereby  granted  to  any  canal  or  f  a^fo 
ditch  company   formed  for  the  purpose  of   irrigation,   and  duly  tions. 
organized  under  the  laws  of  any  State  or  Territory,  which  shall 
have  filed,  or  may  hereafter  file,  with  the  Secretary  of  the  In- 
terior a  copy  of  its  articles  of  incorporation,  and  due  proofs  of 
its  organization  under  the  same,  to  the  extent  of  the  ground  occu- 

(3) 


pied  by  the  water  of  the  reservoir  and  of  the  canal  and  its  lateVals, 

on^ndj juie'n t  ancl  flf*y  feet  on  each  side  of  tne  mar8lnal  limits  thereof ;    also 
lands.  the  right  to  take  from  the  public  lands  adjacent  to  the  line  of  the 

canal  or  ditch,  material,  earth,  and  stone  necessary  for  the  con- 
in     reserva-  struction  of  such  canal  or  ditch :   Provided,  That  no  such  right  of 
way  shall  be  so  located  as  to  interfere  with  the  proper  occupation 
by  the  Government  of  any  such  reservation,  and  all  maps  of  loca- 
tion shall  be  subject  to  the  approval  of  the  Department  of  the 
Control     of  Government    having   jurisdiction    of   such    reservation,    and   the 
privilege  herein  granted  shall  not  be  construed  to  interfere  with 
the  control   of  water   for   irrigation   and  other   purposes   under 
authority  of  the  respective  States  or  Territories. 

Right  of  way      SEC.  19.  That  any  canal  or  ditch  company  desiring  to  secure  the 
u  n  surveyed  benefits  of  this  act  shall,  within  twelve  months  after  the  location 
of  ten  miles  of  this  canal,  if  the  same  be  upon  surveyed  lands,  and 
if  upon  unsurveyed  lands  within  twelve  months  after  the  survey 
thereof  by  the  United  States,  file  with  the  register  of  the  land  C    .' 
Map,     filing  office  for  the  district  where  such  laud  is  located  a  map  of  its  canal 
or  ditch  and  reservoir ;   and  upon  the  approval  thereof  by  the 
Secretary  of  the  Interior  the  same  shall  be  noted  upon  the  plats 
in  said  office,  and  thereafter  all  such  lands  over  which  such  rights 
of  way  shall  pass  shall  be  disposed  of  subject  to  such  right  of 
Damages  for  way.     Whenever  any  person  or  corporation,   in  the  construction 
of  any  canal,  ditch,  or  reservoir,  injures  or  damages  the  posses- 
sion of  any  settler  on  the  public  domain,  the  party  committing 
such  injury  or  damage  shall  be  liable  to  the  party  injured  for 
such  injury  or  damage. 

Right  of  way      SEC.  20.  That  the  provisions  of  this  act  shall  apply  to  all  canals, 
for  Individuals.   ,.,    . 

ditches,  or  reservoirs  heretofore  or  hereafter  constructed,  whether 

constructed  by  corporations,  individuals,  or  association  of  individ- 
uals, on  the  filing  of  the  certificates  and  maps  herein  provided  for. 
If  such  ditch,  canal,  or  reservoir  has  been  or  shall  be  con- 
structed by  an  individual  or  association  of  individuals,  it  shall  be 
sufficient  for  such  individual  or  association  of  individuals  to  file 
with  the  Secretary  of  the  Interior  and  with  the  register  of  the 
land  office  where  said  land  is  located  a  map  of  the  line  of  such  / 
canal,  ditch,  or  reservoir,  as  in  a  case  of  a  corporation,  with  >  ^~ 
the  name  of  the  individual  owner  or  owners  thereof,  together 
with  the  articles  of  association,  if  any  there  be.  Plats  heretofore 
filed  shall  have  the  benefits  of  this  act  from  the  date  of  their 

Forfeiture,  filing,  as  though  filed  under  it:  Prorhlcd,  That  if  any  section  of 
said  canal,  or  ditch  shall  not  be  completed  within  five  years  after 
the  location  of  said  section,  the  rights  herein  granted  shall  be 
forfeited  as  to  any  uncompleted  section  of  said  canal,  ditch,  or 
reservoir,  to  the  extent  that  the  same  is  not  completed  at  the  date 
of  the  forfeiture. 

Extent    of      SEC.  21.  That  nothing  in  this  act  shall  authorize  such  canal  or 
right  of  way.     ditch  company  to  occupy  such  right  of  way  except  for  the  pur- 
pose of  said  canal  or  ditch,  and  then  only  so  far  as  may  be  nec- 
essary for  the  construction,  maintenance,  and  care  of  said  canal 
or  ditch. 

The  act  approved  May  11,  1898  (30  Stat,  404),  entitled 
"An  act  to  amend  an  act  to  permit  the  use  of  the  right 


of  way  through  public  lands  for  tramroads,  canals,  and 
reservoirs,  and  for  other  purposes,"  makes  an  important 
declaration  in  section  2  as  to  the  purposes  for  which  the 
rights  of  way  under  the  act  of  1891  may  be  used,  but  does 
not  authorize  the  approval  of  any  application  for  right 
of  way  for  purposes  other  than  irrigation.  (28  L.  D., 
474;  32  L.  D.,  452  and  461.)  The  language  of  the  act  of 
1898  is  as  follows : 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  act 
entitled  "An  act  to  permit  the  use  of  the  right  of  way  through  the 
public  lands  for  tramroads,  canals,  and  reservoirs,  and  for  other 
purposes,"  approved  January  twenty-first,  eighteen  hundred  and 
ninety-five,  be,  and  the  same  is  hereby,  amended  by  adding  thereto 
the  following : 

"  That  the  Secretary  of  the  Interior  be,  and  hereby  is,  authorized      Amending 

,     act  of  January 
and  empowered,  under  general  regulations  to  be  fixed  by  him,  to  21,  1895. 

permit  the  use  of  right  of  way  upon  the  public  lands  of  the  United 
States,  not  within  limits  of  any  park,  forest,  military,  or  Indian 
reservations,  for  tramways,  canals,  or  reservoirs,  to  the  extent  of 
the  ground  occupied  by  the  water  of  the  canals  and  reservoirs,  and 
fifty  feet  on  each  side  of  the  marginal  limits  thereof,  or  fifty  feet  on 
each  side  of  the  center  line  of  the  tramroad,  by  any  citizen  or 
association  of  citizens  of  the  United  States,  for  the  purposes  of 
furnishing  water  for  domestic,  public,  and  other  beneficial  uses. 

"  SEC.  2.  That  rights  of  way  for  ditches,  canals,  or  reservoirs    c^  mfe  ^^f 
heretofore  or  hereafter  approved  under  the  provisions  of  sections  3,  1891. 
eighteen,  nineteen,  twenty,  and  twenty-one  of  the  act  entitled   'An 
act  to  repeal  timber-culture   laws,   and   for  other  purposes,'   ap- 
proved March  third,  eighteen  hundred  and  ninety-one,  may  be  used 
fqr  purposes  of  a  public  nature ;  and  said  rights  of  way  may  be 
used  for  purposes  of  water  transportation,  for  domestic  purposes 
or.,  for  the  development  of  power,  as  subsidiary  to  the  main  pur- 
pose of  irrigation." 

1.  These  acts  are  evidently  designed  to  encourage  the 
much-needed  work  of  constructing  ditches,  canals,  and 
reservoirs  in  the  arid  portion  of  the  country  by  granting 
right  of  way  over  the  public  lands  necessary  to  the  main- 
tenance and  use  of  the  same.  The  eighteenth  section  of 
the  act  of  1891  provides  that— 

The  privilege  herein  granted  shall  not  be  construed  to  interfere 
with  the  control  of  water  for  irrigation  and  other  purposes  under 
authority  of  the  respective  States  or  Territories. 

The  control  of  the  flow  and  use  of  the  water  is  there-  wa^ei"* 

fore,  so  far  as  this  act  is  concerned,  a  matter  exclusivelv 

/ 

under  State  or  Territorial  control,  the  matter  of  adminis- 
tration within  the  jurisdiction  of  this  Department  being 
limited  to  the  approval  of  maps  carrying  the  right  of  way 


gr?ntture 


on"fakesf  ^nd  over  ^e  Public  lands.     In  submitting  maps  for  approval 
streams.  under  this  act,  however,  which  in  any  wise  appropriate 

natural  sources  of  water  supply,  such  as  the  damming  of 
rivers  or  the  appropriation  of  lakes,  such  maps  should  be 
accompanied  by  proof  that  the  plans  and  purposes  of  the 
projectors  have  been  regularly  submitted  and  approved 
in  accordance  with  the  local  laws  or  customs  governing 
the  use  of  water  in  the  State  or  Territory  in  which  the 
same  is  located.  No  general  rule  can  be  adopted  in  re- 
gard to  this  matter.  Each  case  must  rest  upon  the  show- 
ing filed  in  support  thereof. 

°f     2-  The  act  is  not  in  the  nature  of  a  grant  of  lands;  but 
it  is  a  base  or  qualified  fee,  giving  the  possession  and  right 
of  use  of  the  land  for  the  purposes  contemplated  by  the 
law,   a   reversionary   interest   remaining  in   the   United 
States,  to  be  conveyed  by  it  to  the  person  to  whom  the 
land  may  be  patented,  whose  rights  will  be  subject  to 
those  of  thG  grantee  of  the  right  of  way.     All  persons 
settling  on  a  tract  of  public  land,  to  part  of  which  right 
of  way  has  attached  for  a  canal,  ditch,  or  reservoir,  take 
the  same  subject  to  such  right  of  way,  and  at  the  full  area 
of  the  subdivision  entered,  there  being  no  authority  to 
tor°  rtehtctiof  ma^e  deduction  in  such  cases.     If  a  settler  has  a  valid 
™ubse0nuentid  G^m  ^°  land  existing  at  the  date  of  the  filing  of  the  map 
entered.  of  definite  location,  his  right  is  superior,  and  he  is  en- 

titled to  such  reasonable  measure  of  damages  for  right  of 
way  as  may  be  determined  upon  by  agreement  or  in  the 
courts,  the  question  being  one  that  does  not  fall  within 
ri^hto/wa  °f  ^e  jui>isdiction  of  this  Department.     By  section  21  of 

the  act  above  quoted  it  will  be  seen  that  the  approval  of  ,-- 
a  map  of  a  canal,  ditch,  or  reservoir  does  not  necessarily  V  J"^ 
carry  with  it  a  right  to  the  use  of  land  50  feet  on  each 
side,  the  approval  of  the  Department  granting  only  such 
right  of  way  as  the  law  provides.     The  width  necessary 
for  construction,  maintenance,  and  care  of  a  canal,  ditch, 
or  reservoir  is  not  determined. 

3.  Whenever  a  right  of  way  is  located  upon  a  forest  or 
timber-land  reserve,  the  applicant  must  file  a  stipulation 
under  seal,  incorporating  the  following: 
stipulations      (1)   That  the  proposed  right  of  wav  is  not  so  located  as 

as   to   right  of        :     '  l       L  ' 

way  on  forest  to  interfere  with  the  proper  occupation  of  the  reservation 

reserves. 

by  the  Government. 

(2)   That  the  applicant  will  cut  no  timber  from  the 
reserve  outside  the  right  of  way. 


(3)  That  the  applicant  will  remove  no  timber  within 
the  right  of  way  except  only  such  as  is  rendered  necessary 
by  the  proper  use  and  enjoyment  of  the  privilege  for  which 
application  is  made,  and  that  he  will  also  remove  from  the 
reservation,  or  destroy,  under  proper  safeguards  as  deter- 
mined by  this  Office,  all  standing,  fallen,  and  dead  timber, 
as  well  as  all  tops,  lops,  brush,  and  refuse  cuttings  on  the 
right  of  way,  for  such  distance  on  each  side  of  the  central 
line  as  may  be  determined  by  the  General  Land  Office  to 
be  essential  to  protect  the  forest  from  fire  to  the  fullest 
extent  possible. 

(4)  That  the  applicant  will  furnish  free  of  charge  such 
assistance  in  men  and  material  for  fighting  fires  as  may 
be  spared  without  serious  injury  to  the  applicant's  busi- 
ness. 

The  applicant  will  also  be  required  to  give  bond  to  Bond, 
the  Government  of  the  United  States,  to  be  approved  by 
the  Commissioner  of  the  General  Land  Office,  such  bond 
stipulating  that  the  makers  thereof  will  pay  to  the  United 
States  "  for  any  and  all  damage  to  the  public  lands,  tim- 
ber, natural  curiosities,  or  other  public  property  on  such 
reservation,  or  upon  the  lands  of  the  United  States,  by 
reason  of  such  use  and  occupation  of  the  reserve,  regard- 
less of  the  cause  or  circumstances  under  which  such  dam- 
age may  occur."  A  bond  furnished  by  any  surety  com- 
pany that  has  complied  with  the  provisions  of  the  act  of 
August  13,  1894  (28  Stat,  279),  will  be  accepted,  and 
must  run  in  the  terms  of  the  stipulation  above  quoted. 
The  amount  of  the  bond  can  not  be  fixed  until  the  appli- 
cation has  been  submitted  to  the  General  Land  Office, 
when  a  form  of  bond  will  be  furnished  and  the  amount 
thereof  fixed. 

No  construction  can  be  allowed  on  a  reservation  until    NO  construc- 

tion  on  reserve 

an  application  for  right  or  way  has  been  regularly  filed  in  ™  advance  of 
accordance  with  the  laws  of  the  United  States  and  has  special  permis- 
been  approved  by  the  Department,  or  has  been  considered 
by  this  Office  or  the  Department,  and  permission  for  such 
construction  has  been  specifically  given. 

4.  Canals,  ditches,  or  reservoirs  lying  partly  upon  im-     Right  of  way 
surveyed  land  can  be  approved  if  the  application  and°anduru 
accompanying  maps  and  papers  conform  to  these  regula- 
tions, but  the  approval  will  only  relate  to  that  portion 
traversing  the  surveyed  lands.     ( For  right  of  way  wholly 
on  unsurveyed  land,  see  paragraphs  16  and  17.) 


8 

5.~Any  incorporated  company  desiring  to  obtain  the 
benefits  of  the  law  is  required  to  file  the  following  papers 
and  maps  with  the  register  of  the  land  district  in  which 
the  canal,  ditch,  or  reservoir  is  to  be  located,  who  will  for- 
ward them  to  the  General  Land  Office,  where,  after  exam- 
ination, they  will  be  submitted  to  the  Secretary  of  the 
Interior  with  recommendation  as  to  their  approval : 
incorporation0*  First.  A  copy  of  its  articles  of  incorporation,  duly  cer- 
tified to  by  the  proper  officers  of  the  company  under  its 
corporate  seal,  or  by  the  secretary  of  the  State  or  Terri- 
tory where  organized. 

state  laws.        Second.  A  copy  of  the  State  or  Territorial  law  under 
which  the  company  was  organized  (when  organized  under 
State  or  Territorial  law),  with  certificate  of  the  governor  ( 
or  secretary  of  the  State  or  Territory,  under  seal,  that  the 
same  is  the  existing  law.     (See  eleventh  subdivision  of 
this  paragraph.) 
Filing    wfth      Third.  When  said  law  directs  that  the  articles  of  asso- 

State  officer. 

ciation  or  other  papers  connected  with  the  organization 
be  filed  with  any  State  or  Territorial  officer,  the  certificate 
of  such  officer  that  the  same  have  been  filed  according  to 
law,  writh  the  date  of  the  filing  thereof. 

stateeldifferen°  Fourth.  When  a  company  is  operating  in  a  State  or 
organization  °f  Territory  other  than  that  in  which  it  is  incorporated,  the 
certificate  of  the  proper  officer  of  the  State  or  Territory 
is  required  that  it  has  complied  with  the  laws  of  that 
State  or  Territory  governing  foreign  corporations  to  the 
extent  required  to  entitle  the  company  to  operate  in  such 
State  or  Territory. 

No  forms  are  prescribed  for  the  above  portion  of  the  /" 
"  due  proofs  v  required,  as  each  case  must  be  governed  to      •*" 
some  extent  by  the  laws  of  the  State  or  Territory. 

Form  i.  Fifth.  The  official  statement,  under  the  seal  of  the  com- 

pany, of  the  proper  officer  that  the  organization  has  been 
completed,  that  the  company  is  fully  authorized  to  pro- 
ceed with  construction  according  to  the  existing  law  of 
the  State  or  Territory,  and  that  the  copy  of  the  articles 
filed  is  true  and  correct.  (See  Form  1,  p.  32.) 

Form  2.  Sixth.  A  true  list,  signed  by  the  president,  under  the 

seal  of  the  company,  showing  the  names  and  designations 
of  its  officers  at  the  date  of  the  filing  of  the  proofs.  (See 
Form  2,  p.  32.) 

Evidence   of     Seventh.  A  copy  of  the  company's  title  or  right  to 

risht  to  appro-  *  -  J 

priate  water,     appropriate  the  water  needed  for  its  canals,  ditches,  and 
reservoirs,  certified  as  required  by  the  State  or  Territorial 


9 

laws.  If  the  miner's  inch  is  the  unit  used  in  such  title, 
its  equivalent  in  cubic  feet  per  second  must  be  stated.  In 
cases  where  the  right  to  appropriate  the  water  has  not 
been  adjudicated  under  the  local  laws,  a  certified  copy  of 
the  notice  of  appropriation  will  be  sufficient.  In  cases 
where  the  notice  of  appropriation  is  accompanied  by  a 
map  of  the  canal  or  reservoir  it  will  not  be  necessary  to 
furnish  a  copy  of  it  if  the  notice  describes  the  location 
sufficiently  'to  identify  it  with  the  canal  or  reservoir  for 
which  the  right-of-way  application  is  made.  In  cases 
where  the  water-right  claim  has  been  transferred  a  num- 
ber of  times  it  is  not  necessary  to  furnish  a  copy  of  each 
instrument  of  transfer;  an  abstract  of  title  will  be  ac- 
cepted. 

Eighth.  A  copy  of  the  State  or  Territorial  laws  govern-     water-right 
ing  water  rights  and  irrigation,  with  the  certificate  of  the 
governor  or  secretary  of  the  State  or  Territory  that  the 
same  is  the  existing  law.     (See  eleventh  subdivision  of 
this  paragraph.) 

Ninth.  A  statement  of  the  amount  of  water  flowing  in     Flow     of 

Wilt  61*. 

the  stream  supplying  the  canal,  ditch,  or  reservoir,  at  the 
point  of  diversion  or  damming,  during  the  preceding  year 
or  years.  For  this  purpose  it  will  be  necessary  to  give 
the  ma-ximum,  minimum,  and  average  monthly  flow  in 
cubic  feet  per  second,  and  the  average  annual  flow.  All 
available  data  as  to  the  flow  is  required.  The  method  of 
measurement  or  estimate  by  which  these  results  have  been 
obtained  must  be  fully  stated.  In  case  there  is  no  well- 
defined  flow  which  can  be  measured,  the  area  of  the  water- 
shed, average  annual  rainfall,  and  estimated  rim-off  at 
the  point  of  diversion  or  damming  should  be  given. 

Tenth.  Maps,  field  notes,  and  other  papers,  as  herein-     Maps,  etc. 
after  required. 

Eleventh.  If  certified  copies  of  the  existing1  laws  re-,  certificate  as 

.      .         .  to  State  laws. 

gardmg  corporations  and  irrigation,  and  of  new  laws  as 
passed  from  time  to  time,  be  forwarded  to  this  office  by 
the  governor  or  secretary  of  the  State  or  Territory,  the 
applicant  may  file,  in  lieu  of  the  requirements  of  the 
second  and  eighth  subdivisions  of  this  paragraph,  a  cer- 
tificate of  the  governor  or  secretary  of  state,  under  seal, 
that  no  change  has  been  made  since  a  given  date,  not  later 
than  that  of  the  laws  last  forwarded. 

6.  Individuals  or  associations  of  individuals  making ,    Applications 

&  l>y   individuals. 

applications   for  right  of  way  are  required  to  file  the 

8590—05  si 2     . 


10 

information  called  for  in  the  seventh,  eighth,  ninth,  and 
tenth  subdivisions  of  the  previous  paragraph.  Associa- 
tions of  individuals  must,  in  addition,  file  their  articles 
of  association;  if  there  be  none,  the  fact  must  be  stated 
over  the  signature  of  each  member  of  the  association. 

Maps  on  7.  The  maps  filed  must  be  drawn  on  tracing  linen  in 
duplicate,  and  must  be  strictly  conformable  to  the  field 

ruing  in  notes  of  the  survey  thereof.  They  must  be  filed  in  the 
nee.  land  office  for  the  district  in  which  the  right  of  way  is 

located;  but  if  located  in  more  than  one  district,  dupli- 
cate maps  and  field  notes  need  be  filed  in  but  one  district, 

other  canals,  and  single  sets  in  the  others.  The  maps  should  show 
other  canals,  ditches,  laterals,  or  reservoirs  with  which 
connections  are  made,  but  they  must  be  distinguished 
from  those  for  which  right  of  way  is  desired  by  ink  of  a 
different  color. 

Field  rotes.  8.  Field  notes  of  the  surveys  must  be  filed  in  duplicate, 
separate  from  the  map,  and  in  such  form  that  they  may 

Not  on  map.  be  folded  for  filing.  Complete  field  notes  should  not  be 
placed  on  the  map,  but  only  the  station  numbers  where 
deflections  or  changes  of  numbering  occur,  station  num- 
bers with  distances  to  corners  where  the  lines  of  the  pub- 
lic surveys  are  crossed,  and  the  lines  of  reference  of  initial 
and  terminal  points,  with  their  courses  and  distances. 
Typewritten  field  notes  with  clear  carbon  copies  are  pre- 
ferred, as  they  expedite  the  examination  of  applications. 
The  field  notes  should  contain,  in  addition  to  the  ordinary 

FUJI  data,  records  of  surveys,  the  data  called  for  in  this  and  in  the 
following  paragraphs.  They  should  state  which  line  of 
the  canal  was  run — whether  middle  or  a  specified  side 
line.  The  stations  or  courses  should  be  numbered  in  the 
field  notes  and  on  the  map.  The  record  should  be  so 
complete  that  from  it  the  surveys  could  be  accurately 
retraced  by  a  competent  surveyor  with  proper  instru- 

Deciination.  mcnts.  The  field  notes  should  show  whether  the  lines 
were  run  on  the  true  or  the  magnetic  bearings,  and  in  the 
latter  case  the  declination  of  the  needle  and  date  of  deter- 
mination must  be  stated.  The  kind  and  size  of  the  instru- 
ment used  in  running  the  lines  and  its  minimum  reading 

Methods  of  on  the  horizontal  circle  should  be  noted.  The  line  of 
survey  should  be  that  of  the  actual  location  of  the  pro- 
posed ditch  and,  as  exactly  as  possible,  the  water  line  of 
the  proposed  reservoir.  The  method  of  running  the 
grade  lines  of  canals  and  the  water  lines  of  reservoirs 
must  be  described. 


11 

9.  The  scale  of  the  map  should  be  2,000  feet  to  an  inch     Scale- 
in  the  case  of  canals  or  ditches  and  1,000  feet  to  an  inch 

in  the  case  of  reservoirs.  The  maps  may,  however,  be 
drawn  to  a  larger  scale  of  1,000  feet  to  an  inch  in  the  case 
of  canals  or  ditches  and  500  feet  to  an  inch  in  the  case  of 
reservoirs  when  absolutely  necessary  to  properly  show 
the  proposed  works. 

10.  All  subdivisions  of  the  public  surveys  represented 
on  the  map  should  have  their  entire  boundaries  drawn, 
and  on  all  lands  affected  by  the  right  of  way  the  smallest 
legal  subdivisions  (40-acre  tracts  and  lots)  must  be  shown, 
and  the  section,-  township,  and  range  must  be  clearly 
marked  on  the  map. 

11.  The  termini  of  a  canal,  ditch,  or  lateral  should  be  t 
fixed  by  reference  of  course  and  distance  to  the  nearest  P°ints- 
existing  corner  of  the  public  survey.     The  initial  point  of 

the  survey  of  a  reservoir  should  be  fixed  by  reference  of 
course  and  distance  to  the  nearest  existing  corner  outside 
the  reservoir  by  a  line  which  does  not  cross  an  area  that 
will  be  covered  with  wrater  when  the  reservoir  is  in  use. 
The  map,  field  notes,  engineer's  affidavit,  and  applicant's 
certificate  (Forms  3  and  4)  should  each  show  these  con- 
nections. 

12.  When  either  terminal  of  a  canal,  ditch,  or  lateral  is     connections 

on    unsurveyed 

upon  unsurveyed  land,  it  must  be  connected  by  traverse  land- 
with  an  established  corner  of  the  public  survey,  if  not 
more  than  six  miles  distant  from  it,  and  the  single  bearing 
and  distance  from  the  terminal  point  to  the  corner  com- 
puted and  noted  on  the  map,  in  the  engineer's  affidavit, 
and  in  the  applicant's  certificate  (Forms  3  and  4).  The 
notes  and  all  data  for  the  computation  of  the  traverse 
must  be  given  in  the  field  notes. 

13.  When  the  distance  to  an  established  corner  of  the  w  /^f"^^^ 
public  survey  is  more  than  6  miles,  this  connection  will  surveyedniand 
be  made  with  a  natural  object  or  a  permanent  monument 

which  can  be  readily  found  and  recognized  and  which 
will  fix  and  perpetuate  the  position  of  the  terminal  point. 
The  map  must  show  the  position  of  such  mark  and  course 
and  distance  to  the  terminus.  The  field  notes  must  give 
an  accurate  description  of  the  mark  and  full  data  of  the 
traverse  as  required  above.  The  engineer's  affidavit  and 
applicant's  certificate  (Forms  3  and  4)  must  state  the  con- 
nections. These  monuments  are  of  great  importance. 

14.  When  a  canal,  ditch,  or  lateral  lies  partly  on  unsur- 
veyed   land,   each    portion    lying   within    surveyed    and 


12 

unsurveyed  land  will  be  separately  stated  in  the  field  notes 
and  in  Forms  3  and  4  by  connections  of  termini,  length, 
and  width,  as  though  each  portion  were  independent. 
(See  paragraphs  11,  12,  and  13.) 

reservoir  on  u°nr  15.  When  a  reservoir  lies  partly  on  unsurveyed  land  its 
'  initial  point  must  be  noted,  as  required  for  the  termini  of 
ditches  in  paragraph  11,  and  so  that  the  reference  line 
will  not  cross  an  area  that  will  be  covered  with  water 
when  the  reservoir  is  in  use.  The  areas  of  the  several 
parts  lying  on  surveyed  and  unsurveyed  land  must  be 
separately  noted  on  the  map,  in  the  field  notes,  and  in 
Forms  3  and  4. 

whoify  ton  ^tnf-  16.  Maps  showing  canals,  ditches,  or  reservoirs  wholly 
surveyed  land.  UpOn  unsurveyed  lands  may  be  received  and  placed  on  file 
in  the  General  Land  Office  and  the  local  land  office  of  the 
district  in  which  the  same  is  located,  for  general  informa- 
tion, and  the  date  of  filing  will  be  noted  thereon ;  but  the 
same  will  not  be  submitted  to  nor  approved  by  the  Secre- 
tary of  the  Interior,  as  the  act  makes  no  provision  for  the 
approval  of  any  but  maps  showing  the  location  in  connec- 
tion with  the  public  surveys.  The  filing  of  such  maps 
will  not  dispense  with  the  filing  of  maps  after  the  survey 
of  the  lands  and  within  the  time  limited  in  the  act  grant- 
ing the  right  of  way, -which  map,  if  in  all  respects  regular 
when  filed,  will  receive  the  Secretary's  approval- 

17.  In  filing  such  maps  the  initial  and  terminal  points 
will  be  fixed  as  indicated  in  paragraphs  12  and  13. 
with'puwk-'sur^  1^-  Whenever  the  line  of  survey  crosses  a  township  or 
vey  corners,  section  line  of  the  public  survey,  the  distance  to  the  near- 
est existing  corner  should  be  ascertained  and  noted.  In 
the  case  of  a  reservoir  the  distance  must  not  be  measured 
across  an  area  which  will  be  covered  with  water  when  the 
reservoir  is  in  use.  The  map  of  the  canal,  ditch,  or  res- 
ervoir must  show  these  distances,  and  the  field  notes  must 
give  the  points  of  intersection  and  the  distances.  When 
corners  are  destroyed  by  the  canal  or  reservoir,  proceed 
as  directed  in  paragraphs  21  and  22. 

naiTS?  °f  Ca~  1{)-  The  maP  must  bear  a  statement  of  the  width  of  each 
canal,  ditch,  or  lateral  at  high-water  line.  If  not  of  uni- 
form width,  the  limits  of  the  deviations  from  it  must  be 
clearly  defined  on  the  ma]).  The  field  notes  should 
record  the  changes  in  such  a  manner  as  to  admit  of  exact 
location  on  the  ground.  In  the  case  of  a  pipe  line,  the 
,  diameter  of  the  pipe  should  be  stated.  The  map  must 

Source     of 

supply.  show  the  source  of  water  supply. 


13 

20.  In  applications  for  right  of  way  for  a  reservoir,  the  res^Pojcrlty   of 
capacity  of  the  reservoir  must  be  stated  on  the  map  in 

acre- feet  (i.  e.,  the  number  of  acres  that  will  be  covered 

1  foot  in  depth  by  the  water  it-  will  hold ;    1  acre-foot  is 

43,560  cubic  feet).     The  map  must  show  the  source  of  ^^^    of 

water  supply  for  the  reservoir  and  the  location  and  height  dam.eigbt    of 

of  the  dam. 

21.  Whenever  a  corner  of  the  public  survey  will  be 
covered  by  earth  or  water,  or  otherwise  rendered  useless, 
marked    monuments    (one    on    each    side    of    destroyed 
corner)  must  be  set  on  each  township  or  section  line  pass- 
ing through,  or  one  on  each  line  terminating  at,  said 
corner.     These  monuments  must  comply  with  the  require- 
ments  for  witness  corners  of  the  Manual  of  Surveying 
Instructions  issued  by  this  office,  and  must  be  at  such 
distance  from  the  works  as  to  be  safe  from  interference 
during  the  construction  and  operation  of  the  same.     In 
case  two  or  more  consecutive  corners  on  the  same  line  are 
destroyed,  the  monument  shall  be  set  as  required  in  the 
Manual  for  the  nearest  corner  on  that  line  to  be  covered. 

22.  The  line  on  which  such  monument  is  set  will  be 
determined  by  running  a  random  line  from  the  corner  to  ments.  D 
be  destroyed  to  the  first  existing  corner  on  the  line  to  be 
marked  by  the  monument,  setting  on  the  random  line  a 
temporary  mark  at  the  distance  of  the  proposed  monu- 
ment.    If  the  random  line  strikes  the  corner  run  to,  the 
monument  will  be  established  at  the  place  marked ;  if  the 
random  line  passes  to  one  side  of  the  corner,  the  north  and 
south  or  east  and  west  distance  to  it  will  be  measured  and 

the  true  course  calculated.  The  proper  correction  of  the 
temporary  mark  will  then  be  computed  and  a  permanent 
monument  set  in  the  proper  place.  The  field  notes  for  the  SWo).nldto  notes 
surveys  establishing  the  monuments  must  be  in  duplicate 
and  separate  from  those  of  the  canal  or  reservoir,  being 
certified  by  the  surveyor  under  oath.  They  must  comply 
with  the  form  of  field  notes  prescribed  in  the  Manual  of 
Surveying  Instructions  issued  by  this  office.  When  appli- 
cation is  made  for  a  canal  or  reservoir  which  is  con- 
structed and  in  operation,  the  method  to  be  adopted  in 
setting  the  monuments,  being  governed  by  the  special 
features  of  each  case,  must  be  left  to  the  judgment  of  the 
surveyor.  No  field  notes  will  be  accepted  unless  the  lines  Field  notes 
on  which  the  monuments  are  set  conform  to  the  lines  to  public  sur- 
shown  by  the  field  notes  of  the  survey  as  made  originally 
under  the  direction  of  this  office,  and  unless  the  notes  are 


14 

in  such  form  that  the  computation  can  be  verified  and  the 
lines  retraced  on  the  ground. 

Forms  3  and  23.  The  engineer's  affidavit  and  applicant's  certificate 
must  both  designate  by  termini  (as  in  paragraphs  11  to 
17,  inclusive)  and  length  each  canal,  ditch,  or  lateral, 
and  by  initial  point  and  area  each  reservoir  shown  on  a 
map,  for  which  right  of  way  is  asked.  This  affidavit  and 
this  certificate  (changed  where  necessary  when  an  appli- 
cation is  made  by  an  individual  or  association  of  individ- 
uals) must  be  written  on  the  map  in  duplicate.  Appli- 
cants under  the  act  of  March  3,  1891,  must  include  in  the 

Purposes,  certificate  (Form  4)  the  statement:  "And  I  further  cer- 
tify that  the  right  of  way  herein  described  is  desired  for 
the  main  purpose  of  irrigation."  (See  Forms  3  and  4.  f~ 

NO    changes  pages  32  and  33.)     No  changes  or  additions  are  allowable      •* 

In  forms. 

in  the  substance  of  these  forms,  except  when  the  facts 
differ  from  those  assumed  therein. 

24.  When  maps  are  filed,  the  register  will  note  on  each 

the  name  of  the  land  office  and  the  date  of  filing,  over 

Notations  by  his  written  signature.     Notations  will  also  be  made  on 

flee.  the  records  of  the  local  land  office,  as  to  each  unpatented 

tract  affected,  that  application  for  right  of  way  for  a 
canal  (or  reservoir)  is  pending,  giving  date  of  filing  and 
name  of  applicant.  The  register  will  certify  on  each 
map,  over  his  written  signature,  that  unpatented  land 
is  Affected  by  the  proposed  right  of  way.  The  maps  and 
field  notes  in  duplicate,  and  any  other  papers  filed  in  con- 
nection with  the  application,  will  then  be  promptly  trans- 
mitted to  the  General  Land  Office  with  report  that  the 
required  notations  have  been  made  on  the  records  of  the  r~ 
local  land  office.  Any  valid  right  existing  at  the  date  ^-^ 
of  the  filing  of  the  right  of  way  application  will  not  be 
affected  by  the  filing  or  approval  thereof.  (See  para- 
graph 2.)  If  no  unpatented  land  is  involved  in  the 
application,  the  local  officers  will  reject  it,  allowing  the 
usual  right  of  appeal. 

approval?118  °f  -;")-  lTPon  the  approval  of  a  map  of  location  by  the  Sec- 
retary of  the  Interior,  the  duplicate  copy  will  be  sent  to 
the  local  officers,  who  will  mark  upon  the  township  plats 
the  lines  of  the  canals,  ditches,  or  reservoirs,  as  laid  down 
on  the  ma]).  They  will  also  note  the  approval  in  ink,  on 
the  tract  books,  opposite  each  tract  marked  as  required  by 
paragraph  24. 

26.  When  the  canal,  ditch,  or  reservoir  is  constructed, 


15 

an  affidavit  of  the  engineer  and  certificate  of  the  appli- 
cant (Forms  5  and  6)  must  be  filed  in  the  local  office,  in 
duplicate,  for  transmission  to  this  office.  No  new  map  construction.0 
will  be  required,  except  in  case  of  deviations  from  the 
right  of  way  previously  approved,  whether  before  or  after 
construction,  when  there  must  be  filed  new  maps  and 
field  notes  in  full,  as  herein  provided,  bearing  proper 
forms,  changed  to  agree  with  the  facts  in  the  case.  The  ca^ende<1  Io~ 
map  must  show  clearly  the  portions  amended  or  bear  a 
statement  describing  them,  and  the  location  must  be  de- 
scribed in  the  forms  as  the  amended  survey  and  the 
amended  definite  location.  In  such  cases  the  applicant  ment!inqul 
must  file  a  relinquishment,  under  seal,  of  all  rights  under 
the  former  approval  as  to  the  portions  amended,  said 
relinquishment  to  take  effect  when  the  map  of  amended 
definite  location  is  approved  by  the  honorable  Secretary. 
If  the  canal  or  reservoir  has  been  constructed  on  the  loca- 
tion originally  approved,  and  is  to  be  used  until  the 
canal  or  reservoir  on  the  amended  location  is  ready  for 
use,  the  relinquishment  may  be  made  to  take  effect  upon 
the  completion  of  the  canal  or  reservoir  on  the  amended 
location. 

27.  The  act  approved  February  26, 1897  (29  Stat.,  599), 
entitled  "An  act  to  provide  for  the  use  and  occupation 
of  reservoir  sites  reserved,"  permits  the  approval  of  appli- 
cations under  the  above  act  of  1891  for  right  of  way  upon 
reservoir  sites  reserved  under  authority  of  the  acts  of 
October  2,  1888  (25  Stat,,  505,  526),  and  August  30,  1890 
(26  Stat.,  371,  391) .  The  text  of  the  act  is  as  follows : 

Be  it  enacted  &y  the  Senate  and  House  of  Representatives  of  the 

United  States  of  America  in  Congress  assembled,  That  all  reservoir     Right  of  way 

on     segregated 
sites  reserved  or  to  be  reserved  shall  be  open  to  use  and  occupation  reservoir  sites. 

under  the  right-of-way  act  of  March  third,  eighteen  hundred  and 
ninety -one.  And  any  State  is  hereby  authorized  to  improve  and 
occupy  such  reservoir  sites  to  the  same  extent  as  an  individual  or 
private  corporation,  under  such  rules  and  regulations  as  the  Secre- 
tary of  the  Interior  may  prescribe:  Provided,  That  the  charges  for 
water  coming  in  whole  or  part  from  reservoir  sites  used  or  occu- 
pied under  the  provisions  of  this  act  shall  always  be  subject  to  the 
control  and  regulation  of  the  respective  States  and  Territories  in 
which  such  reservoirs  are  in  whole  or  part  situate. 

When  an  application  is  made  under  this  act  a  reference 
to  it  should  be  added  to  Forms  4  and  6.  In  other  respects 
the  application  should  be  prepared  according  to  the  pre- 
ceding regulations. 


16 


Right  of  way 
for  oil  pipe 
lines. 


OIL   PIPE   LINES. 

28.  The  act  approved  May  21,  1896   (29  Stat,  127), 
entitled  "An  act  to  grant  right  of  way  over  the  public 
domain  for  pipe  lines  in  the  States  of  Colorado  and  Wyo- 
ming," is  similar  in  its  requirements  to  the  right-of-way 
act  of  March  3,  1891,  and  the  preceding  regulations  fur- 
nish full  information  as  to  the  preparation  of  the  maps 
and  papers.     Applicants  will  be  governed  thereby  so  far 
as  they  are  applicable. 

29.  The  text  of  the  act  is  as  follows : 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  right  of 
way  through  the  public  lands  of  the  United  States  situate  in  the 
State  of  Colorado  and  in  the  State  of  Wyoming  outside  of  the 
boundary  lines  of  the  Yellowstone  National  Park  is  hereby  granted 
to  any  pipe-line  company  or  corporation  formed  for  the  purpose  of 
transporting  oils,  crude  or  refined,  which  shall  have  filed  or  may 
hereafter  file  with  the  Secretary  of  the  Interior  a  copy  of  its  arti- 
cles of  incorporation,  and  due  proofs  of  its  organization  under  the 
same,  to  the  extent  of  the  ground  occupied  by  said  pipe  line  and 
twenty-five  feet  on  each  side  of  the  center  line  of  the  same ;  also 
the  right  to  take  from  the  public  lands  adjacent  to  the  line  of  said 
pipe  line  material,  earth,  and  stone  necessary  for  the  construction 
of  said  pipe  line. 

of  SEC.  2.  That  any  company  or  corporation  desiring  to  secure  the 
benefits  of  this  act  shall  within  twelve  months  after  the  location  of 
ten  miles  of  the  pipe  line  if  the  same  be  upon  surveyed  lands;  and 
if  the  same  be  upon  unsurveyed  lands,  within  twelve  months  after 
the  survey  thereof  by  the  United  States,  file  with  the  register  of 
the  land  office  for  the  district  where  such  land  is  located  u  map  of 
its  line,  and  upon  the  approval  thereof  by  the  Secretary  of  the 
Interior  the  same  shall  be  noted  upon  the  plats  in  said  office,  and 
thereafter  all  such  lands  over  which  such  right  of  way  shall  pass 
shall  be  disposed  of  subject  to  such  right  of  way. 

SEC.  3.  That  if  any  section  of  said  pipe  line  shall  not  be  com- 
pleted within  five  years  after  the  location  of  said  section  the 
right  herein  granted  shall  be  forfeited,  as  to  any  incomplete  sec- 
tion of  said  pipe  line,  to  the  extent  that  the  same  is  not  completed 
at  the  date  of  the  forfeiture. 

SKC.  4.  That  nothing  in  this  act  shall  authorize  the  use  of  such 
right  of  way  except  for  the  pipe  line,  and  then  only  so  far  as  may 
be  necessary  for  its  construction,  maintenance,  and  care. 

RESERVOIRS    FOR    WATERING    STOCK. 

30.  The  act  approved  January  13,  1897  (29  Stat.,  484), 
entitled  "An  act  providing  for  the  location  and  purchase 
of  public  lands  for  reservoir  sites.''  is  as  follows: 

Reservoirs  Be  H  exacted  b)i  the  Rotate  and  House  of  Representatives  of  the 
water  for  live  T  »itcd  States  of  America  in  Conyrcxx  assembled.  That  any  person, 
stock-  live-stock  company,  or  transportation  corporation  engaged  in 


Extent. 


Piling 
map. 


Forfeiture. 


Use  and   ex- 
tent. 


17 

breeding,  grazing,  driving,  or  transporting  live  stock  may  construct 
reservoirs  upon  unoccupied  public  lands  of  the  United  States,  not 
mineral  or  otherwise  reserved,  for  the  purpose  of  furnishing  water 
to  such  live  stock,  and  shall  have  control  of  such  reservoir,  under 
regulations  prescribed  by  the  Secretary  of  the  Interior,  and  the 
lands  upon  which  the  same  is  constructed,  not  exceeding  one  nun- 
dred  and  sixty  acres,  so  long  as  such  reservoir  is  maintained  and 
water  kept  therein  for  such  purposes:  Provided,  That  such  reser- 
voir  shall  not  be  fenced  and  shall  be  open  to  the  free  use  of  any 
person  desiring  to  water  animals  of  any  kind. 

SEC.  2.  That  any  person,  live-stock  company,  or  corporation  de-     File  declara- 

, ,  ^-,         tory  statement, 
siring  to  avail  themselves  of  the  provisions  of  this  act  shall  file  a 

declaratory  statement  in  the  United  States  land  office  in  the  dis- 
trict where  the  land  is  situated,  which  statement  shall  describe  the 
land  where  such  reservoir  is  to  be  or  has  been  constructed ;  shall 
state  what  business  such  corporation  is  engaged  in ;  specify  the 
capacity  of  the  reservoir  in  gallons,  and  whether  such  company, 
person,  or  corporation  has  filed  upon  other  reservoir  sites  within 
the  same  county ;  and  if  so,  how  many. 

SEC.  3.  That  at  any  time  after  the  completion  of  such  reservoir      Construction 

of  reservoir, 
or  reservoirs  which,  if  not  completed  at  the  date  of  the  passage  of 

this  act,   shall   be  constructed  •  and  completed  within  two  years  * 

after  filing  such  declaratory  statement,  such  person,  company,  or 
corporation  shall  have  the  same  accurately  surveyed,  as  herein- 
after provided,  and  shall  file  in  the  United  States  land  office  in  the 
district  in  which  such  reservoir  is  located  a  map  or  plat  showing 
the  location  of  such  reservoir,  which  map  or  plat  shall  be  trans- 
mitted by  the  register  and  receiver  of  said  United  States  land 
office  to  the  Secretary  of  the  Interior  and  approved  by  him,  and 
thereafter  such  land  shall  be  reserved  from  sale  by  the  Secretary 
of  the  Interior  so  long  as  such  reservoir  is  kept  in  repair  and  of  ^es°rvoirn°e 
water  kept  therein. 

SEC.  4.  That  Congress  may  at  any  time  amend,  alter,  or  repeal 
this  act. 

31.  Although  the  title  indicates  that  lands  are  to  be  so]^  °  lands 
sold  for  reservoir  sites,  the  act  does  not  provide  for  the 

sale  of  any  lands,  and  therefore  no  lands  can  be  sold 
under  its  provisions.  The  act,  however,  directs  the  Sec-' 
retary  of  the  Interior  to  reserve  the  lands  from  sale  after 
the  approval  of  the  map  showing  the  location  of  the 
reservoir. 

32.  Any  person,  live-stock  company,  or  transportation    Declaratory 

.'  i     •       i  T  .  .     .  statement  filed. 

corporation  engaged  in  breeding,  grazing,  driving,  or 
transporting  live  stock,  in  order  to  obtain  the  benefits  of 
the  act  must  file  a  declaratory  statement  in  the  United 
States  land  office  in  the  district  where  the  land  is  located. 

33.  When  the  applicant  is  a  corporation  it  should  file    Articles  of  in- 

1  .  corporation, 

also  a  copy  or  its  articles  of  incorporation  and  proofs  of 

its  organization,  as  recaiired  in  paragraph  5,  subdivisions 

8590 — 05  ii — —3 


18 

1,  2,  3,  4,  5,  6,  and  11.  If  these  papers  are  filed  with  its 
first  declaratory  statement,  a  reference  thereto  by  its  num- 
ber will  be  sufficient  in  any  subsequent  application  by  the 
company. 

34.  The  declaratory  statement  must  be  made  under  oath 
and  should  be  drawn  in  accordance  with  Form  9  (page 
35),  and  must  contain  the  following  statements: 

claratorystate-  First.  The  post-office  address  of  the  applicant ;  the 
county  in  which  the  reservoir  is  to  be  or  has  been  con- 
structed; the  description  by  the  smallest  legal  subdivi- 
sions (40-acre  tracts  or  lots)  of  the  land  sought  to  be  re- 
served, under  no  circumstances  exceeding  1(50  acres;  that 
the  land  is  not  occupied  or  otherwise  claimed;  that  to  the 
best  of  the  applicant's  knowledge  and  belief  the  land  is 
not  mineral  or  otherwise  reserved;  the  business  of  the 
applicant,  including  a  full  and  minute  statement  of  the 
extent  to  which  he  is  engaged  in  breeding,  grazing,  driv- 
ing, or  transporting  live  stock,  giving  the  number  and 
kinds  of  such  stock,  the  place  where  they  are  being  bred 
or  grazed,  and  whether  within  an  enclosure  or  upon  unen- 
closed lands,  and  also  from  where  and  to  where  they  are 
being  driven  or  transported ;  the  amount  and  description 
of  the  land  owned  or  claimed  by  the  applicant  in  the  vi- 
cinity of  the  proposed  reservoir ;  that  no  part  of  the  land 
sought  to  be  reserved  is  or  will  be  fenced,  but  the  same 
will  be  kept  open  to  the  free  use  of  any  person  desiring  to 
water  animals  of  any  kind;  and  that  the  lands  so  sought 
to  be  reserved  are  not,  by  reason  of  their  proximity  to 
other  lands  reserved  for  reservoirs,  excluded  from  reserva- 
tion by  the  regulations  and  rulings  of  the  Land  Depart- 
ment. 

etc  L°ofa  riser'  .  Second.  The  location  of  the  reservoir  described  by  the 

voir-  smallest   legal   subdivisions    (40-acre   tracts  or  lots),   its 

nrea  in  acres,  its  capacity  in  gallons,  the  source  from 
which  water  is  to  be  obtained  for  such  reservoir,  whether 
there  are  any  streams  or  springs  within  2  miles  of  the 
land  sought  to  be  reserved;  and  if  so,  where. 

.•I !  ohr°y  d8titc-  Third.  The  number,  location,  and  area 'of  all  other  res- 
ervoir sites  filed  upon  \iy  the  applicant,  especially  desig- 
nating those  located  in  the  same  county. 

:>.">.  Upon  the  filing  of  such  declaratory  statements  there 
will  be  noted  thereon  the  date  of  filing  over  the  signature 
of  the  oflirer  receiving  it,  and  they  will  be  numbered  in 
regular  order,  beginning  with  No.  1.  The  register  will 
make  the  usual  notations  on  the  records,  in  pencil,  under 


19 

the  designation  of  "  Reservoir  declaratory  statement, 
No.  — ,"  adding  the  date  of  the  act.  For  the  filing  of  such 
reservoir  declaratory  statement  the  local  officers  will  be 
authorized  to  charge  the  usual  fees.  (Sec.  2238,  U.  S.  Fees> 
Rev.  Stat.)  The  declaratory  statement  will  be  forwarded 
with  the  regular  monthly  returns,  with  abstracts,  in  the 
usual  manner.  In  acting  upon  these  statements  the  fol- 
lowing general  rules  will  be  applied : 

First.  No  reservation  will  be  made  for  a  reservoir  con-  reser?oirityand 
taining  less  than  250,000  gallons,  and  for  a  reservoir  of.nrea  reserved- 
less  than  500,000  gallons  capacity  not  more  than  40  acres 
can  be  reserved.     For  a  reservoir  of  500,000  gallons  and 
less  than  1,000,000  gallons  capacity  not  more  than  80  acres 
can  be  reserved.     For  a  reservoir  of  1,000,000  gallons  and 
less  than  1,500,000  gallons  capacity  not  more  than  120 
acres  can  be  reserved.     For  a  reservoir  of  1,500,000  gal- 
lons capacity  or  more  160  acres  may  be  reserved. 

Second.  Not  more  than  160  acres  shall  be  reserved  for  ^"attStt! 
this  purpose  in  any  section.  reservoirs. 

Third.  Not  more  than  160  acres  shall  be  reserved  for 
this  purpose  in  one  group  of  tracts  adjoining  or  corner- 
ing upon  each  other. 

Fourth.  A  distance  of  one-half  mile  must  be  left  be- 
tween any  two  groups  of  tracts  which  aggregate  more 
than  160  acres. 

Fifth.  The  local  officers  will  reject  any  reservoir  de- 
claratory statement  not  in  conformity  with  these  rules. 

Sixth.  Lands  so  reserved  shall  not  be  fenced,  but  shall     Lands  not  to 

.    .  be     fenced     or 

be  kept  open  to  the  free  use  of  anv  person  desiring  to  used  for  other 

'if          i  •   j      T-P  i      i  j  4.  purposes- 

water  animals  or  any  kind.     It  lands  so  reserved  are  at 

any  time  fenced  or  otherwise  inclosed,  or  if  they  are  not 
kept  open  to  the  free  use  of  any  person  as  aforesaid  desir- 
ing to  water  animals  of  any  kind,  or  if  the  reservoir 
applicant  attempts  to  use  them  for  any  other  purpose,  or 
if  the  reservation  is  not  obtained  for  the  bona  fide  and  ex- 
clusive purpose  of  constructing  and  maintaining  a  reser- 
voir thereon  according  to  law,  the  declaratory  statement, 
upon  any  such  matter  being  made  to  duly  appear,  will 
be  canceled  and  all  rights  thereunder  be  declared  at  an 
end. 

Seventh.  Notwithstanding  the  action  of  the  local  offi-  ^^ai. faith 
cers  in  accepting  any  such  declaratory  statement,  the 
Commissioner  of  the  General  Land  Office  will  reject  the 
same  if  upon  considering  the  matters  set  forth  therein  it 
does  not  appear  that  the  declaratory  statement  is  filed 


20 


Construction. 


Map  and  field 
notes  of  con- 
structed reser- 
voir. 


Notations  by 
local  land  of- 
fice. 


Approval. 


Reservation. 


Annual  proof 
of  m  a  1  n  t  e  - 
nance. 


in  good  faith  for  the  sole  purpose  of  accomplishing  what 
the  law  authorizes  to  be  done. 

36.  The  reservoir,  if  not  completed  at  the  date  of  the 
act,  shall  be  completed  and  constructed  within  two  years 
after  the  filing  of  the  declaratory  statement;  otherwise 
the  declaratory  statement  will  be  subject  to  cancellation. 

37.  After  the  copstruction  and  completion  of  the  reser- 
voir the  applicant  shall  have  the  same  accurately  surveyed 
and  mapped,  in  accordance  with  the  instructions  of  para- 
graphs 7  to  24,  inclusive,  so  far  as  they  are  applicable. 
The  map  and  field  notes,  which  are  not  to  be  prepared  in 
duplicate,  must  be  filed  in  the  proper  local  office.     The 
map  must  bear  Forms  10  and  11  (page  37),  and  the  field 
notes  must  be  sworn  to  by  the  surveyor. 

38.  When  the  map,  field  notes,  and  other  papers  have 
been  filed  in  the  local  office,  the  date  of  filing  will  be  noted 
thereon  and  the  proper  notations  will  be  made  on  the  local 
office  records,  as  in  the  case  of  the  declaratory  statement. 
The  maps  and  papers  will  then  be  promptly  forwarded  to 
this  Office. 

39.  The  map  and  papers  will  be  examined  by  this  Office 
as  to  their  compliance  with  the  law  and  the  regulations, 
and  to  determine  whether  the  amount  of  land  desired  is 
warranted  by  the  showing  made  in  the  application.     If 
found  satisfactory  they  will  be  submitted  to  the  honorable 
Secretary,  and  upon  approval  the  lands  shown  to  be  nec- 
essary for  the  proper  use  and  enjoyment  of  the  reservoir 
will  be  reserved  from  other  disposition  so  long  as  the 
reservoir  is  maintained  and  water  kept  therein  for  the 
purposes  named  in  the  act. 

40.  Upon  the  receipt  of  notice  of  such  reservation  from 
this  Office  the  local  officers  will  make  the  proper  notations 
on  their  records  and  report  the  making  thereof  promptly 
to  this  Office. 

41.  In  order  that  this  reservation  shall  be  continued  it 
is  necessary  that  the  reservoir  "  shall  be  kept  in  repair 
and  water  kept  therein."     For  this  reason  the  owner  of 
the  reservoir  will  be  required  during  the  month  of  Jan- 
uary of  each  year  to  file  in  the  local  office  an  affidavit  to 
the  effect  that  the  reservoir  has  been  kept  in  repair  and 
water  kept  therein  during  the  preceding  year,  and  that 
all  the  provisions  of  the  act  have  been  complied  with. 
Form  1'2  (page  3fi)  will  be  used  for  this  affidavit.     Upon 
failure*  to'file  such  affidavit  steps  will  be  taken  looking  to 
the  revocation  of  the  reservation  of  the  lands. 


21 

42.  If  the  reservoir  is  located  on  unsurveyed  land,  the  u 
declaratory  statement  may  be  filed,  the  lands  being  de-  land- 
scribed  as  closely  as  practicable. 

43.  The  duty  of  this  Office  in  examining  the  maps  and  th^erporseeguiaf 
papers  of  all  these  applications  is  to  ascertain  whether  the  tlons- 
provisions  of  the  acts  of  Congress  are  properly  complied 

with;  whether  the  proposed  works  are  described  in  such 
a  manner  that  the  benefits  to  be  granted  under  the  various 
acts  are  defined  so  as  to  avoid  future  uncertainty;  and 
whether  the  rights  of  other  grantees  ?f  the  Government 
are  properly  protected  from  interference.  The  above 
regulations  are  made  for  these  purposes. 

44.  The  widely  different  conditions  to  be  considered  in 
the  operations  proposed  by  the  applicants  make  k  impos- 
sible to  formulate  regulations  that  will  furnish  this  Office 

with  the  data  necessarv  in  all  cases.     This  Office  will  .  A  dditionai 

data  called  for 

therefore  call  for  additional  information  whenever  neces- if  needed, 
sary  for  the  proper  consideration  of  any  particular  case. 

PERMISSION  TO  USE  RIGHT  OF  WAY  FOR  TELEGRAPH  AND 
TELEPHONE  LINES,  ELECTRICAL  PLANTS,  CANALS,  AND 
RESERVOIRS. 

45.  The  act  of  February  15,  1901  (31  Stat.,  790),  en- 
titled ''An  act  relating  to  rights  of  way  through  certain 
parks,  reservations,  and  other  public  lands,"  is  as  fol- 
lows: 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  Permit  for 
tlie  United  States  of  America  in  Congress  assembled.  That  the  "v'eV  °f public 
Secretary  of  the  Interior  be,  and  hereby  is,  authorized  and  em-  i<inds>  1'esei',^a~ 
powered,  under  general  regulations  to  be  fixed  by  him,  to  permit 
the  use  of  rights  of  way  through  the  public  lands,  forest  and  other 
reservations  of  the  United  States,  and  the  Yosemite,  Sequoia1,  and 
General  Grant  national  parks.  California,  for  electrical  plants, 
poles,  and  lines  for  the  generation  and  distribution  of  electrical 
power,  and  for  telephone  and  telegraph  purposes,  and  for  'canals, 
ditches,  pipes  and  pipe  lines,  flumes, ,  tunnels,  or  other  water  con- 
duits, and  for  water  plants,  dams,  and  reservoirs  used  to  promote 
irrigation  or  mining  or  quarrying,  or  the  manufacturing  or  cutting 
of  timber  or  lumber,  or  the  supplying  of  water  for  domestic.  Extent  of 
public,  or  any  other  beneficial  uses  to  the  extent  of  the  ground 
occupied  by  such  canals,  ditches,  flumes,  tunnels,  reservoirs,  or 
other  water  conduits  or  water  plants,  or  electrical  or  other  works 
permitted  hereunder,  and  not  to  exceed  fifty  feet  on  each  side 
of  the  marginal  limits  thereof,  or  not  to  exceed  fifty  feet  on  each 
side  of  the  center  line  of  such  pipes  and  pipe  lines,  electrical, 
telegraph,  and  telephone  lines  and  poles,  by  any  citizen,  associa- 
tion, or  corporation  of  the  United  States,  where  it  is  intended 


22 

Pnrks      and  by  such  to  exercise  the  use  permitted  hereunder  or  any  one  or 
more  of  the  purposes  herein  named :    Provided,  That  such  permits 
shall  he  allowed  within  or  through  any  of  said  parks  or  any  forest, 
military,  Indian,  or  other  reservation  only  upon  the  approval  of 
the  chief  officer  of  the  Department  under  whose  supervision  such 
Telegraph  park   or  reservation   falls  and  upon   a   finding  by   him   that  the 
"ines.  °  same  is  not  incompatible  with  the  public  interest :    Provided  fur- 

ther. That  all  permits  given  hereunder  for  telegraph  and  tele- 
phone puri>oses  shall  be  subject  to  the  provision  of  title  sixty-five 
of  the  Revised  Statutes  of  the  United  States,  and  amendments 

rei-mif      re-  thereto,   regulating  rights  of  way   for  telegraph  companies  over 
vocable. 

the  public  domain:    And  provided  fiirllicr.  That  any  permission 

given  by  the  Secretary  of  the  Interior  under  the  provisions *of 
this  act  may  be  revoked  by  him  or  his  successor  in  his  discretion, 
and  shall  not  be  held  to  confer  any  right,  or  easement,  or  in- 
terest in.  to.  or  over  any  public  land,  reservation,  or  park. 

• 
46.  This  act,  in  general  terms,  authorizes  the  Secretary 

of  the  Interior,  under  regulations  to  be  fixed  by  him,  to 

National  grant  permission  to  use  rights  of  way  through  the  public 

lands,  forest  and  other  reservations  of  the  United  States, 

.and  the  Yosemite,  Sequoia,  and  General  Grant  national 

parks  in  California,  for  every  purpose  contemplated  by 

acts  of  January  21,  1895  (28  Stat.,  635),  May  14,  1896  (29 

Trnmrond8Stat..  120),  and  section  1  of  the  act  of  May  11,  1898  (30 

not  affected.  gtat..  404),  and  for  other  purposes  additional  thereto, 
except  for  tram/roads,  the  provisions  relating  to  tram- 
road*,  contained  in  the  <i<-t  of  1X9-~>  ami  in  section  1  of  the 
act  of  1898,  aforesaid,  remaining  unmodified  and  not  being 
in  any  manner  extended. 

Although  this  act  does  not  expressly  repeal  any  provi- 
sion of  law  relating  to  the  granting  of  permission  to  use 
rights  of  way,  contained  in  the  acts  referred  to,  yet  con- 
sidering the  general  scope  and  purpose  of  the  act.  and 
Congress  having,  with  the  exception  above  noted,  embod- 
ied therein  the  main  features  of  the  former  acts  relative 
Prior  actsto  *ne  granting  of  a  mere  permission  or  license  for  such 
use,  it  is  evident  that,  for  purposes  of  administration,  the 
later  act  should  control  in  so  far  as  the  same  pertains  to 
the  granting  of  permission  to  use  rights  of  way  for  pur- 
poses therein  specified.  Accordingly  all  applications  for 
l>crmixx't<m  to  use  rights  of  way  for  the  purposes  specified 
nights  of  i11  this  act  must  be  submitted  thereunder.  AVhere,  how- 

gaUonf°r  "'ever,  it  is  sought  to  acquire  a  right  of  way  for  the  main 
purpose  of  irrigation,  as  contemplated  by  sections  18  to 
21  of  the  act  of  March  3,  1891  (26  Stat.,  1095),  and  sec- 
tion 2  of  the  act  of  May  11.  1898  supra,  the  application 


23 

must  be  submitted  in  accordance  with  the  regulations 
issued  under  said  acts.  (See  pages  6  to  15,  inclusive.) 

47.  It  is  to  be  specially  noted  that  this  act  does  not     Nature   of 

J  ^  .          grant. 

make  a  grant  in  the  nature  of  an  easement,  but  authorizes 
a  mere  permission  in  the  nature  of  a  license,  revocable  at 
any  time,  and  it  gives  no  right  whatever  to  take  from  the  ,  ,N°  ri.?ht.  to 

J  take   material. 

public  lands,  reservations,  or  parks,  adjacent  to  the  right 
of  way,  any  material,  earth,  or  stone  for  construction  or 
other  purpose. 

48.  By  section  1  of  the  act  of  February  1,  1905   (33 
Stat.,  628),  it  is  provided: 

That  the  Secretary  of  the  Department  of  Agriculture  shall, 
from  and  after  the  passage  of  this  act,  execute  or  cause  to  be  exe- 
cuted all  laws  affecting  public'  lands  heretofore  or  hereafter  re- 
served under  the  provisions  of  section  twenty-four  of  the  act  enti- 
tled "An  act  to  repeal  the  timber-culture  laws,  and  for  other  pur- 
poses," approved  March  third,  eighteen  hundred  and  ninety-one, 
and  acts  supplemental  to  and  amendatory  thereof,  after  such  lands 
have  been  so  reserved,  excepting  such  laws  as  affect  the  surveying, 
prospecting,  locating,  appropriating,  entering,  relinquishing,  recon- 
veying,  certifying,  or  patenting  of  any  such  lands. 

Under  this  provision  it  has  been  determined  that  the  of  ^e'm-trn^nt 
Department  of  Agriculture  is  invested  with  jurisdiction01'  Agriculture. 
to  pass  upon  all  applications  under  any  law  of  the  United 
States  providing  for  the  granting  of  a  permission  to  oc- 
cupy arid  use  lands  in  a  forest  reserve,  which  occupation 
or  use  is  temporary  in  character,  and  which,  if  granted, 
will  in  no  wise  affect  the  fee  or  cloud  the  title  of  the 
United  States  should  the  reserve  be  discontinued. 

Therefore,  when  it  is  desired  to  obtain  permission  to     within    for- 

7  .  J  est  reserves. 

use  a  right  of  way  over  public  lands  wholly  within  a  for- 
est reserve,  an  application  should  be  prepared  in  accord- 
ance with  the  instructions  issued  by  the  Department  of 
Agriculture,  and  the  same  filed  with  the  officer  in  charge  fm!ef!t  "officer! h 
of  such  reserve. 

Where,  however,  permission  to  use  a  right  of  way  over  ^"(-serves0*' 
lands  wholly  outside  of  forest  reserves  is  desired,  the  ap- 
plication must  be  prepared  and  filed  in  accordance  with 
the  regulations  contained  in  paragraphs  5  to  24,  inclusive, 
appropriate  changes  being  made  in  the  prescribed  forms 
so  as  to  specify  and  relate  to  the  act  under  which  the 
application  is  made. 

In  case  the  application  involves  rights  and  privileges     Separate  ap- 

11  -1  plications      re- 

upon  public  lands  partly  within  and  partly  without   a  <i»»'«-'d- 
forest  reserve,  separate  applications  must  be  prepared 


24 

and  the  one  affecting  lands  within  the  forest  reserve  filed 
with  the  forest  officer  and  the  ether  filed  in  the  local  land 
office. 

Application  for  permission  to  use  the  desired  right  of 
way  through  the  public  lands  and  parks  designated  in  the 
act  must  be  filed  and  permission  granted,  as  herein  pro- 
lands811™  eyed  vided,  before  any  rights  can  be  claimed  thereunder.  Per- 
mission may  be  given  under  this  act  (February  15,  1901) 
for  rights  of  way  upon  unsurveyed  lands,  maps  to  be 
prepared  in  accordance  with  the  requirements  of  this  cir- 
cular. 

citizenship.  49.  An  affidavit  that  the  applicant  is  a  citizen  of  the 
United  States  must  accompany  the  application,  and  if 
the  applicant  is  an  association  of  citizens,  each  must 
make  affidavit  of  citizenship,  and  a  complete  list  of  the 
members  thereof  must  be  given  in  an  affidavit  by  one  of 
them;  if  not  a  native-born  citizen,  the  applicant  will  be 
useurp°ses  and  required  to  file  the  usual  proofs  of  naturalization.  The 
applicant  must  also  set  forth  in  the  affidavit  the  purposes 
for  which  tjie  right  of  way  is  to  be  used,  and  must  show 
that  he  in  good  faith  intends  to  utilize  the  same  for  such 
purposes  in  the  event  his  application  therefor  is  granted. 
Buildings  to  50.  When  application  is  made  for  right  of  way  for 

be    plotted    on  . 

map   in   main  electrical   or  wTater  plants,  the  location   and   extent   of 

drawing  and  in 

separate  draw-  ground  proposed  to  be  occupied  by  bindings  or  other 
structures  necessary  to  be  used  in  connection  therewith 
must  be  clearly  designated  on  the  map  and  described  in 
the  field  notes  and  forms  by  reference  to  course  and  dis- 
tance from  a  corner  of  the  public  survey.  In  addition 
to  being  shown  in  connection  with  the  main  drawing, 
the  buildings  or  other  structures  must  be  platted  on  the 
map  in  a  separate  drawing  on  a  scale  sufficiently  large 
to  show  clearly  their  dimensions  and  relative  positions. 
Reference  to  AVhen  two  or  more  of  such  proposed  structures  are  to  be 

survey  corner.  .    . 

located  near  each  other,  it  will  be  sufficient  to  give  the 
reference  to  a  corner  of  the  public  survey  for  one  of  them 
provided  all  the  others  are  connected  therewith  by  course 
and  distance  shown  on  the  map.  The  applicant  must 
also  file  an  affidavit  setting  forth  the  dimensions  and  pro- 
posed use  of  each  of  the  structures  and  must  show  defi- 
nitely that  each  one  is  necessary  for  a  proper  use  of  the 
right  of  way  for  the  purposes  contemplated  in  the  act. 
NO  interfer-  51.  Whenever  a  right  of  way  is  located  upon  any  of 

encewlth  .  . 

parks.  the  national  parks  designated  in  the  act,  the  applicant 

must  show  to  the  satisfaction  of  the  Department  that  the 


25 

location  and  use  of  the  right  of  way  for  the  purposes 
contemplated  will  not  interfere  with  the  uses  and  pur- 
poses for  which  the  park  was  originally  dedicated  and 
will  not  result  in  damage  or  injury  to  the  natural  condi- 
tions of  property  or  scenery  existing  therein.  When  the  stipulation 
right  of  way  is  located  in  any  of  the  designated  national 
parks,  the  applicant  must  file  the  stipulations  and  bond 
required  by  paragraph  3,  and,  in  the  case  of  a  telephone 
line,  an  additional  stipulation  incorporating  the  follow- 
ing: (5)  "That  upon  completion  of  the  telephone  lines 
they  shall  be  subject  to  the  free  use  of  the  park  officers 
for  all  purposes  incident  to  the  administration  of  the 
park." 

52.  Whenever  right  of  way  within  a  park  is  desired 
for  operations  in  connection  with  mining,  quarrying,  cut- 
ting  timber,   or   manufacturing  lumber,   a   satisfactory 
showing  must  be  made  of  the  applicant's  right  to  engage 
in  such  operations  within  the  park. 

53.  Applications  for  right  of  way,  under  this  act,  all 
or  any  part  of  which  crosses  or  is  located  upon  any  In- 
dian reservation,  before  being  transmitted  to  the  Depart- 
ment will  be  submitted  by  the  Commissioner  of  the  Gen- 
tral  Land  Office  to  the  Office  of  Indian  Affairs  for  such 
action  and  recommendation  thereon  as  that  office  may 
deem  proper  in  so  far  as  the  same  pertains  to  such  Indian 
reservation.     Applicants  will  be  required  to  furnish,  in     Triplicate 

.      .  map   and    field 

triplicate,  so  much  01  the  map  and  field  notes  as  relate  to  notes. 
that  portion  of  the  right  of  way  applied  for,  if  any, 
within  an  Indian  reservation ;  and  in  the  event  the  appli- 
cation is  subsequently  granted,  one  copy  of  such  portion 
of  the  map  and  field  notes  as  pertains  to  such  reservation 
will  be  placed  on  file  in  the  Indian  Office.     In  this  con- 
nection, attention  is  directed  to  the  provisions  of  section 
3  of  the  act  of  March  3,  1901   (31  Stat.,  1083),  which 
authorizes  the  granting  of  permanent  rights  of  way,  in 
the  nature  of  easements,  for  telegraph  and  telephone  pur- 
poses only,  through  Indian  reservations  and  other  Indian     Indian    res- 
ervations, tele- 
lands  upon  payment  of  proper  compensation  for  the  ben-  sraph  and  teie- 
n        a    -,      -r     -i'          •  -i     i         •  •   •  />  P0one  lines  in. 

efit  ol  the  Indians  interested  therein.     The  provisions  of 

the  latter  act  and  the  nature  and  character  of  the  rights 
authorized  to  be  secured  thereunder  differ  materially 
from  the  provisions  contained  in  this  act  and  the  rights 
authorized  to  be  conferred  thereunder.  Applicants,  there- 
fore, desiring  to  secure  permanent  rights  of  way  through 
Indian  reservations  or  other  Indian  lands  for  telegraph 


26 

and  telephone  purposes  will  be  required  to  submit  their 
applications  therefor  under  the  act  of  March  3,  1901, 
supra,  in  accordance  with  the  then  current  regulations 
issued  thereunder.  (For  existing  regulations  under  said 
act,  see  regulations  approved  March  26,  1901.) 

54.  All  applications  for  the  use  of  a  right  of  way  under 
6^  this  act,  through  any  lands  designated  therein,  for  tele- 
Rev,  stat.  graph  and  telephone  purposes,  must  be  accompanied  by 
an  official  statement  from  the  Post-Office  Department 
showing  that  the  applicant  has  complied  with  its  regu- 
lations under  title  sixty-five  of  the  Revised  Statutes  of 
the  United  States  and  amendments  thereto. 

loc^offlce1  re"  ^-  Upon  the  filing  of  an  application  under  this  act,  the 
register  will  note  the  same  in  pencil  on  the  tract  books, 
opposite  the  tracts  traversed,  giving  date  of  filing  and 
name  of  applicant,  and  also  indorse  on  each  map  the  date 
of  filing  over  his  written  signature.  If  it  does  not  appear 
affected0  lands  that  some  portion  of  the  public  lands  or  parks  designated 
in  the  act  would  be  affected  by  the  approval  of  such  maps, 
they  will  be  returned  to  the  applicant  with  notice  of  that 
fact.  If  vacant  public  land  or  lands  in  any  park  so 
designated  are  affected  by  the  proposed  right  of  way,  the 
register  will  so  certify  on  the  map  and  duplicate  over  his 
signature,  and  will  promptly  transmit  the  same  to  the 
General  Land  Office  with  report  that  the  required  nota- 
tions have  been  made. 

Applications.      5(5.  Upon  receipt  of  applications  for  right  of  way  by 
the  General  Land  Office,  the  same  will  be  examined  and 
then  submitted  to  the  Secretary  of  the  Interior  with  rec- 
ommendation as  to  their  approval.     Permission  to  use 
rights  of  way  through  any  park  designated  in  the  act  will 
chie?Pofflcer  of  ollty  ^>e  granted  upon  approval  of  the  chief  officer  of  the 
havPnV^iraper-  Department  under  whose  supervision  such  park  falls  and 
orSr°e8ervationk  llPon  a  finding  by  him  that  the  same  is  not  incompatible 
with  the   public   interest.     If  the   application,   and   the 
showing  made  in  support  thereof,  is  satisfactory,  the  Sec- 
retary of  the  Interior  will  give  the  required  permission  in 
such  form  as  may  be  deemed  proper,  according  to  the  fea- 
tures of  each  case ;  and  it  is  to  be  expressly  understood,  in 
accordance  with  the  final  proviso  of  the  act,  that  any  per- 
vokedyorbmodi-  mission  given  thereunder  may  be  modified  or  revoked  by 
time.  at    !inythe  Secretary  or  his  successor,  in  his  discretion,  at  any 
time,  and  shall  not  be  held  to  confer  any  right,  easement, 
or  interest  in,  to,  or  over  any  public  land  or  park.     The 


27 

final  disposal  by  the  United  States  of  any  tract  traversed  pjfj/,"^  ,£nsd" 
by  the  permitted  right  of  way  is  of  itself,  without  further  ^^    per" 
act  on  the  part  of  the  Department,  a  revocation  of  the 
permission  so  far  as  it  affects  that  tract,  and  any  permis- 
sion granted  hereunder  is  also  subject  to  such  further  and 
future  regulations  as  may  be  adopted  by  the  Department. 

57.  When  permission  to  use  the  right  of  way  applied  read's!1011  °n 
for  is  given  by  the  Secretary  of  the  Interior,  a  copy  of  the 

original  map  will  be  sent  to  the  local  officers,  who  will 
mark  upon  the  township  plats  the  line  of  the  right  of  way 
and  will  note  in  pencil,  opposite  each  tract  of  public  land 
affected,  that  such  permission  has  been  given,  the  date 
thereof,  and  a  reference  to  ihe  act. 

TRAMROADS. 

58.  The  Secretary  of  the  Interior  is  authorized  to  per-  tr^r^g  not 
mit  the  use  of  rights  of  way  for  tramroads  through  the  ^.y1  !0°  r£g°y 
public  lands  of  the  United  States,  not  within  the  limits  of  vution- 

any  park,  forest,  military,  or  Indian  reservation  under  the 
provisions  of  the  act  of  Congress  of  January  21,  1895  (28 
Stat,  G35),  as  amended  by  section  1  of  the  act  of  May  11, 
1898  (30  Stat.,  404) .  The  act  of  January  21,  1895,  supra, 
entitled  "An  act  to  permit  the  use  of  the  right  of  way 
through  the  public  lands  for  tramroads,  canals,  and  reser- 
voirs, and  for  other  purposes,"  is  as  follows : 

Be  it  enacted  ~by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America,  in  Congress  assembled,  That  the  Secre- 
tary of  the  Interior  be,  and  hereby  is,  authorized  and  empowered, 
under  general  regulations  to  be  fixed  by  him,  to  permit  the  use  of 
the  right  of  way  through  the  public  lands  of  the  United  States, 
not  within  the  limits  of  any  park,  forest,  military,  or  Indian  res- 
ervation, for  tramroads,  canals,  or  reservoirs  to  the  extent  of  the  Extent  o  f 
ground  occupied  by  the  water  of  the  canals  and  reservoirs  and  rl£ht  of  way. 
fifty  feet  on  each  side  of  the  marginal  limits  thereof ;  or  fifty  feet 
on  each  side  of  the  center  line  of  the  tramroad,  by  any  citizen  or 
any  association  of  citizens  of  the  United  States  engaged  in  the 
business  of  mining  or  quarrying  or  of  cutting  timber  and  manu- 
facturing lumber. 

This  act  was  amended  by  section  1  of  the  act  of  May  11, 

1898,  xtipm,  as  follows: 

Be  it  cnaclcd  !>>/  the  Senate  and  House  of  Representatives  of  the 
United  State*  of  America  in  Congress  assembled.  That  the  act 
entitled  "An  act  to  permit  the  use  of  the  right  of  way  through 
the  public  lands  for  tramroads,  canals,  and  reservoirs,  and  for 
other  purposes,"  approved  Jamiary  twenty-first,  eighteen  hundred 
and  ninety-five,  be,  and  the  same  is  hereby,  amended  by  adding 
thereto  the  following : 


28 

Amends   act     "That  the  Secretary  of  the  Interior  be,  and  hereby  is,  author- 
ni  '  ize<l  and  empowered,  under  general  regulations  to  be  fixed  by  him, 

to  permit  the  use  of  right  of  way  upon  the  public  lands  of  the 
United  States,  not  within  limits  of  any  park,  forest,  military,  or 
Indian  reservations,  for  tramways,  canals,  or  reservoirs,  to  the 
extent  of  the  ground  occupied  by  the  water  of  the  canals  and  reser- 
voirs, and  fifty  feet  on  each  side  of  the  marginal  limits  thereof, 
or  fifty  feet  on  each  side  of  the  center  line  of  the  tramroad,  by 
any  citizen  or  association  of  citizens  of  the  United  States,  for  the 
purposes  of  furnishing  water  for  domestic,  public,  and  other 
beneficial  uses." 

^'  Applications  for  permission  to  use  rights  of  way 
plications.        for  tramroads  should  be  prepared  and  filed  in  accord- 
ance with  the  regulations  hereinbefore  prescribed  relative 
to  presentation  of  applications  for  rights  of  way  under 
the  act  of  February  15,  1901,  and  the  then  current  regula- 
tions issued  under  the  general  railroad  right-of-way  act 
of  March  3,  1875  (for  existing  regulations  under  the  lat- 
Forms.          £er  ac^  see  32  L.  D.,  481),  the  prescribed  forms  in  such 
regulations  being  so  modified  as  to  specify  and  relate 
to  the  acts  under  which  the  application  is  made.     It  is 
to  be  specially  noted  that  the  acts  relating  to  tramroads 
arks  rights  in  do  not  authorize  the  granting  of  permission  to  use  rights 
of  way  for  such  purpose  within  the  limits  of  any  park, 
forest,  military,  or  Indian  reservation,  and  it  is  to  be  fur- 
ther noted  that  permission  to  use  rights  of  way  for  tram- 
roads  over  public  lands,  when  granted,  only  confers  a 
A  license,      right  in  the  nature  of  a  license  and  is  subject  to  all  the 
conditions  and  limitations  hereinbefore  stated  in  para- 
graph 56  of  these  regulations. 

RIGHT  OF  \VAY  OVER  FOREST  RESERVES  FOR  DAMS,  RESERVOIRS, 
WATER  PLANTS,  DITCHES,  FLUMES,  PIPES,  TUNNELS,  AND 
CANALS  FOR  MUNICIPAL  OR  MINING  PURPOSES. 


ruarCt  i°fi(K»5b       ^'  v^ecti°n  4,  of  the  act  of  Congress  approved  Febru- 
>-  ary  1  (33  Stat.,  028),  1905,  reads  as  follows: 

SEC.  4.  That  rights  of  way  for  the  construction  and  mainte- 
nance of  dams,  reservoirs,  water  plants,  ditches,  flumes,  pipes. 
tunnels,  and  canals,  within  and  across  the  forest  reserves  of  the 
United  States,  are  hereby  granted  to  citizens  and  corporations  of 
the  United  States  for  municipal  or  mining  purposes,  and  for  the 
purposes  of  the  milling  and  reduction  of  ores,  during  the  period 
of  their  beneficial  use.  under  such  rules  and  regulations  as  may  be 
prescribed  by  the  Secretary  of  the  Interior,  and  subject  to  the 
laws  of  the  State  or  Territory  in  which  said  reserves  are  respec- 
tively situated. 


29 

61.  This  act  grants  rights  of  way  througk  forest  re- 
serves to  citizens  and  corporations  of  the  United  States 
for  the  objects  therein  specified,  during  the  period  of 
their  beneficial  use,  under  rules  and  regulations  to  be 
prescribed  by  the  Secretary  of  the  Interior,  and  subject 
to  the  laws  of  the  State  or  Territory  in  which  said  re- 
serves are  respectively  situated. 

All  applications  for  the  right  of  way  for  the  purposes 
set  forth  in  said  act,  must  be  submitted  thereunder  in  ac- 
cordance herewith. 

62.  The  right  granted  is  not  in  the  nature  of  a  grant  of   r;^tture    of 
lands,  but  is  a  base  or  qualified  fee,  giving  the  possession 

and  right  of  use  of  the  land  for  the  purposes  contem- 
plated by  the  act,  during  the  period  of  the  beneficial  use. 
When  the  use  ceases,  the  right  terminates  and  thereupon 
proper  steps  will  be  taken  to  revoke  the  grant. 

No  right,  whatever,  is  given  to  take  from  any  part  of  ma^grlaight  to 
the  reservation  any  material,  earth,  or  stone  for  construc- 
tion or  other  purposes,  nor  does  it  give  any  right  to  use 
any  land  outside  of  what  is  actually  necessary  for  the 
construction  and  maintenance  of  the  works. 

63.  Applications  for  right  of  way  under  this  act  should  of 
be  made  in  the  form  of  a  map  and  field  notes,  in  dupli- 
cate, and  must  be  filed  in  the  local  land  office  for  the 
district  in  which  the  land  traversed  by  the  right  of  way 
is  situate;    if  in  more  than  one  district,  duplicate  maps 
and  field  notes  need  be  filed  in  only  one  district  and 
single  sets  in  the  others.     The  maps,  field  notes,  evidence 
of  water  rights,  etc.,  and,  when  the  applicant  is  a  corpo- 
ration, the  articles  of  incorporation  and  proofs  of  organi- 
zation must  be  prepared  and  filed  in  accordance  with 
paragraphs  4  to  23,  inclusive,  appropriate  changes  being 
made  in  the  prescribed  forms  so  as  to  specify  and  relate 
to  the  act  under  which  the  application  is  made. 

64.  An  affidavit  that  the  applicant  is  a  citizen  of  the     citizenship. 
United  States  must  accompany  the  application,  and  if 

the  applicant  is  an  association  of  citizens,  each  must 
make  affidavit  of  citizenship,  and  a  complete  list  of  the 
members  thereof  must  be  given  in  an  affidavit  of  one  of 
them.  A  copy  of  their  articles  of  association  must  also  Articles  of 

1 J      _  association. 

be  furnished,  or  if  there  be  none,  the  fact  must  be  stated 
over  the  signature  of  each  member  of  the  association. 

If  the  applicant  is  not  a  native-born  citizen,  he  must 
file  the  usual  proof  of  naturalization.  The  applicant 


30 

must  set  forth  in  the  affidavit  the  puropses  for  which  the 
right  of  way  is  desired. 

8hcwneonpmiip?  *>•*'  When  application  is  made  for  right  of  way  for  water 
plants,  the  location  and  extent  of  ground  proposed  to  be 
occupied  by  buildings,  or  other  structures  necessary  to 
be  used  in  connection  therewith,  must  be  clearly  desig- 
nated on  the  map  and  described  in  the  field  notes  and 
forms  by  reference  to  course  and  distance  from  a  corner 
sepa  rate  of  the  public  survey.  In  addition  to  being  shown  in 

drawing.  .... 

connection  with  the  main  drawing,  the  buildings  or  other 
structures  must  be  platted  on  the  map  in  a  separate 
drawing  on  a  scale  sufficiently  large  to  show  clearly  their 
dimensions  and  relative  positions.  When  two  or  more 
of  such  structures  are  to  be  located  near  each  other,  it 
will  be  sufficient  to  give  the  reference  to  a  corner  of  the 
public  survey  for  one  of  them,  provided  all  others  are 
connected  therewith  by  course  and  distance  shown  on 
the  map. 

andM™seensl°ns  The  applicant  must  also  file  an  affidavit  setting  forth 
the  dimensions  and  proposed  use  of  each  of  the  struc- 
tures and  must  show  definitely  that  each  is  necessary  to 
a  proper  enjoyment  of  the  right  of  way  granted  by  the 
act. 

stipulation.  (jo.  The  applicant  must  file  with  each  application  under 
this  act  a  stipulation,  under  seal,  incorporating  the  con- 
ditions set  forth  in  subdivisions  1,  2,  3,  and  4  of  para- 
graph 3. 

Bond.  The  Applicant  will  also  be  required  to  give  bond  to  the 

Government  of  the  United  States,  to  be  approved  by  the 
Commissioner  of  the  General  Land  Office,  such  bond 
stipulating  that  the  makers  thereof  will  pay  to  the 
United  States  "  for  any  and  all  damage  to  the  public 
lands,  timber,  natural  curiosities,  or  other  public  property 
on  sucli  reservation,  or  upon  the  lands  of  the  United 
States,  by  reason  of  such  use  and  occupation  of  the  re- 
serve, regardless  of  the  cause  or  circumstances  under 
which  such  damage  may  occur."  A  bond  furnished  by 
any  surety  company  that  has  complied  with  the  provi- 
sions of  tiie  act  of  August  13.  1894  (28  Stat..  270),  will 
be  accepted,  and  must  run  in  the  terms  of  the  stipulation 
above  quoted.  The  amount  of  the  bond  can  not  be  fixed 
until  the'  application  has  been  submitted  to  the  General 
Land  Office,  when  a  form  of  the  bond  will  be  furnished 
and  the  amount  fixed. 


31 

No  construction  can  be  allowed  on  the  reservation 
until  an  application  for  right  of  way  has  been  regularly 
filed  in  accordance  herewith  and  has  been  approved  by 
the  Department,  or  has  been  considered  and  permission 
specifically  given  by  the  Secretary  of  the  Interior. 

67.  Upon  the  filing  of  an  application,  under  this  act,     Notation  by 
the  register  will  note  the  same  in  pencil  on  the  tract 

books,  opposite  the  tracts  traversed,  giving  date  of  filing 
and  name  of  applicant,  and  also  indorse  on  each  map  the 
name  of  the  land  office  and  the  date  of  the  filing  over  his 
written  signature. 

If  it  does  not  appear  that  some  portion  of  the  public 
lands  in  reserve  would  be  affected  by  the  approval  of  such 
maps,  they  will  be  returned  to  the  applicant  with  notice 
of  that  fact.  If  unpatented  lands  are  affected  by  the  pro- 
posed right  of  way,  the  register  will  so  certify  on  the  map 
and  duplicate,  over  his  signature,  and  will  promptly 
transmit  the  same  to  the  General  Land  Office,  with  report 
that  the  required  notations  have  been  made. 

68.  Upon  the  approval  of  a  map  of  location  by  the  Sec- 
retary of  the  Interior,  the  duplicate  copy  will  be  sent  to 
the  local  officers,  who  will  mark  upon  the  township  plats 
the  lines  of  the  right  of  way  as  laid  down  on  the  map. 
They  will  also  note  the  approval  in  ink  on  the  tract  books, 
opposite  each  legal  subdivision  affected,  with  a  reference 
to  the  act  mentioned  on  the  map. 

W.  A.  RICHARDS, 

Commissioner. 

Approved:  September  28,  1905. 
THOS.  RYAN, 

Acting  Secretary. 


FORMS   FOR    "DUE   PROOFS"    AND   VERIFICATION  OF  MAPS   OF 
RIGHT  OF  WAY  FOR  CANALS,  DITCHES,  AND  RESERVOIRS. 

FOEM    1. 

I,  —  — ,  secretary  (or  president)  of  the  —  —  Company,  do 

hereby  certify  that  the  organization  of  said  company  has  been  completed ;  that 
the  company  is  fully  authorized  to  proceed  with  construction  according  to  the 
existing  laws  of  the  State  (or  Territory)  of  -  — ,  and  that  the  copy  of  the 
articles  of  association  (or  incorporation)  of  the  company  filed  in  the  Depart- 
ment of  the  Interior  is  a  true  and  correct  copy  of  the  same. 

In  witness  whereof  I  have  hereunto  set  my  name  and  the  corporate  seal  of 
the  company  this  —  —  day  of  -      — ,  in  the  year  19 — . 

[Seal  of  company.]  — , 

—  of  the Company. 


I,  —  ,  do  certify  that  I  am  the  president  of  the  —  —  Com- 

pany, and  that  the  following  is  a  true  list  of  the  officers  of  the  said  company, 
with  the  full  name  and  official  designation  of  each,  to  wit:  (Here  insert  the  full 
name  and  official  designation  of  each  officer.) 

In  witness  whereof  I  have  hereunto  set  my  name  and  the  corporate  seal  of 
the  company  this  —  —  day  of  -      — ,  in  the  year  100 — . 

[Seal  of  company.]  — , 

President  of  the Company. 


FOBM  3. 
STATE  OF  —     — , 

County  of  ,  .<?.?: 


— ,  being  duly  sworn,  says  he  is  the  chief  engineer  of  (or  the  per- 
son employed  to  make  the  survey  by)  the  -  -  Company;  that  the 
survey  of  said  company's  (canals,  ditches,  and  reservoirs),  described  as  follows: 
(Here  describe  each  canal,  ditch,  lateral,  and  reservoir  for  which  right  of  way 
is  asked,  as  required  by  paragraph  U3,  being  a  total  length  of  canals,  ditches, 
and  laterals  of  -  -  miles  and  a  total  area  of  reservoirs  of  -  -  acres), 
was  made  by  him  (or  under  his  direction)  as  chief  engineer  of  the  company 
(or  as  surveyor  employed  by  the  company)  and  under  its  authority,  commenced 
on  the  -  -  day  of  -  — .  "H> — ,  and  ending  on  the  -  -  day  of  -  — .  IB — . 
"[and  that  the  survey  of  the  said  (canal,  ditches,  laterals,  and  reservoirs) 


This  clause  to  be  omitted  in  applications  for  telephone  and  tejesraph  lines. 

(32) 


33 

accurately  represents  (a  proper  grade  line  for  the  flow  of  water,  and  accurately, 
represents  a  level  line,  which  is  the  proposed  water  line  of  the  said  reservoir)], 
and  that  such  survey  is  accurately  represented  upon  this  map  and  by  the  ac- 
companying field  notes.  "[And 'no  lake  or  lake  bed,  stream  or  stream  bed,  is 
used  for  the  said  (canals,  ditches,  laterals,  and  reservoirs)  except  as  shown  on 
this  map.] 


Sworn  and  subscribed  to  before  me  this  —  —  day  of  -      — .  19 — . 

[SEAL.] 


Notary  Public. 


FORM  4. 
I, ,  do  hereby  certify  that  I  am  president  of  the 


Company  ;   that  -  — ,  who  subscribed  the  accompanying  affidavit,   is 

the  chief  engineer  of  (or  was  employed  to  make  the  survey  by)  the  said  com- 
pany;  that  the  survey  of  the  said  (canals,  ditches,  laterals,  and  reservoirs),  as 
accurately  represented  on  this  map  and  by  the  accompanying  field  notes,  was 
made  under  authority  of  the  company  ;  that  the  company  is  duly  authorized 
by  its  articles  of  incorporation  to  construct  the  said  (canals,  ditches,  laterals, 
and  reservoirs)  upon  the  location  shown  upon  this  map ;  that  the  said  (canals, 
ditches,  laterals,  and  reservoirs),  as  represented  on  this  map  and  by  said  field 
notes,  was  adopted  by  the  company,  by  resolution  of  its  board  of  directors,  on 
the  —  —  day  of  —  — ,  19 — ,  as  the  definite  location  of  the  said  (canals,  ditches, 
laterals,  and  reservoirs)  described  as  follows — (describe  as  in  Form  3) — a  [and 
that  no  lake  or  lake  bed  .  stream,  or  stream  bed  is  used  for  the  said  (canals, 
ditches,  laterals,  and  reservoirs)  except  as  shown  on  this  map]  ;  and  that  the 
map  has  been  prepared  to  be  filed  for  the  approval  of  the  Secretary  of  the  Inte- 
rior, in  order  that  the  company  may  obtain  the  benefits  of'  (sections  18  to  21, 
inclusive,  of  the  act  of  Congress  approved  March  3,  1891.  entitled  "An  act  to 
repeal  timber-culture  laws,  and  for  other  purposes,"  and  section  2  of  the  act 
approved  May  11,  1898)  :  and  I  further  certify  that  the  right  of  way  herein 
described  is  desired  for  the  main  purpose  of  irrigation.0 

Attest :  — , 

President  of  the  • —     —  Company, 

[Seal  of  company.]  — . 

Secretary. 


FORM 

STATE  OF , 


County  of  -      — ,  ss: 

— ,  being  duly  sworn,  says  that  he  is  the  chief  engineer  of  (or  was 

employed  to  construct)    the    (canals,  ditches,   laterals,  and  reservoirs)    of  the 

—  Company;  that  said  (canals,  ditches,  laterals,  and  reservoirs)  have  been 

constructed  under  his  supervision,  as  follows:    (Describe  as  required  in  para- 


"  This  clause  to  be  omitted  in  applications  for  telephone  and  telegraph  lines. 

6  Here  insert  the  description  of  the  act  of  Congress  under  which  the  application  is  made 
when  filed  under  some  other  act  than  that  of  1891  and  1898. 

c  Or,  where  filed  under  other  acts  than  that  of  1891  and  1898,  state  the  purposes  for 
which  right  of  way  is  applied  for. 


34 

graph  23)  a  total  length  of  constructed  (canals,  ditches,  and  laterals)  of 

miles,  and  a  total  area  of  constructed  reservoirs  of  -       —  acres;  that  construc- 
tion was  commenced  on  the  —  —  day  of  -      — ,  19 — ,  and  completed  on  the  — 
day  of  -      — ,  19 — ;  that  the  constructed  (canals,  ditches,  laterals,  and  reser- 
voirs), as  aforesaid,  conform  to  the  map  and  field  notes  which  received  the 
approval  of  the  Secretary  of  the  Interior  on  the day  of ,  19 — . 


Sworn  and  subscribed  to  before  me  this  —  —  day  of  -      — ,  19 — . 

[SEAL.1 


'Notary  J'ultlic. 


FORM  0. 

I,  —  — ,  do  certify  that  I  am  the  president  of  the  —       —  Company;    — 

that  the  (canals,  ditches,  laterals,  and  reservoirs)  described  as  follows  ( describe  |  , 
as  in  Form  5)  were  actually  constructed  as  set  forth  in  the  accompanying  affi- 
davit of  -  — ,  chief  engineer  (or  the  person  employed  by  the  company 
in  the  premises),  and  on  the  exact  location  represented  on  the  map  and  by  the 
Held  notes  approved  by  the  Secretary  of  the  Interior,  on  the  —  —  day  of  —  — , 
1!) — ;  and  that  the  company  has  in  all  things  complied  with  the  requirements 
of  the  act  of  Congress"  (March  3,  1891.  granting  right  of  way  for  canals, 
ditches,  and  reservoirs  through  the  public  lands  of  the  United  States). 


President  of  the  —       —  Company. 
Attest : 
[Seal  of  company.]  — , 

Secretary. 


FORM  7. 
[Under  act  February  15.  1901.1 


STATE  OF 


County  of  —      — .  .ss: 

— ,   being  duly  sworn,  says  he   is  the  chief  engineer  of    (or 


person  employed  by)  the  —  —  company,  under  whose  supervision  the  survey 
was  made  of  the  grounds  selected  by  the  company  for  structures  for  electrical 
purposes  under  the  act  of  Congress  approved  February  in.  1901.  said  grounds 

being  situated  in  the  —  —  quarter  of  the  —  —  quarter  of  section .  township 

— .  range ,  -         -  principal  meridian:  that  the  accompanying  drawing 

correctly  represents  the  locations  of  the  said  structures;  and  that  in  his  belief 
the  structures  represented  are  actually  and  to  their  entire  extent  required  for 
the  necessary  uses  contemplated  by  the  said  act  of  February  1.1,  19O1  (.",1 
Stat.,  790). 


Chief  Enr/inecr. 

Subscribed  and  sworn  to  before  me  this  —  —  day  of  -      — ,  19 — . 
ISKAL.J  — . 

Votary  Public. 

"  Here   insert   the  description   of   the   act   of  Congress   under  which   the  application   is 
mack-,  when  filed  under  sonic  other  act  than  that  of  1891. 


35 

FORM  8. 
[Under  act  of  February  15,  1901.]   • 

I,  —  — ,  do  hereby  certify  that  I  am  the  president  of  the com- 

pany ;  that  the  survey  of  the  structures  represented  on  the  accompanying  draw- 
ing was  made  under  authority  and  by  direction  of  the  company,  and  under  the 
supervision  of  -  — ,  its  chief  engineer  (or  the  person  employed  in  the  prem-- 
ises),  whose  affidavit  precedes  this  certificate ;  that  the  survey  as  represented  on 
the  accompanying  drawing  actually  represents  the  structures  required  in  the 

—  quarter  of  the quarter  of  section ,  of  township ,  of  range  —  — , 

-  principal  meridian,  for  electrical  purposes,  under  the  act  of  Congress, 
approved  February  15,  1901  ;  and  that  the  company,  by  resolution  of  its  board 
of  directors,  passed  on  the  —  —  day  of  -  — ,  19 — ,  directed  the  proper  officers 
to  present  the  said  drawing  for  the  approval  of  the  Secretary  of  the  Interior,  in 
order  that  the  company  may  obtain  the  use  of  the  grounds  required  for  said 
structures,  under  the  provisions  of  said  act  approved  February  15,  1901  (31 
Stat,  790). 


President  of  tJie  —       —  Company. 
[Seal  of  the  company.] 
Attest : 


Secretary. 


FORM  9. 

Reservoir  declaratory  statement. 
[Under  act  of  Jan.  13,  1897  (29  Stat,  484).] 

RES.  D.  S.->                                                                       LAND  OFFICE  AT  -      — , 
No. .   }  — , ,  19—. 

I,  -  — ,  of  -  — ,  do  hereby  certify  that  I  am  president  of  the 
—  company,  and  on  behalf  of  said  company,  and  under  its  authority,  do 
hereby  apply  for  the  reservation  of  land  in  —  —  County,  State  of  —  — ,  for 
the  construction  and  use  of  a  reservoir  for  furnisiiig  water  for  live  stock  under 
the  provisions  of  the  act  of  January  13,  1897  (29  Stat,  484).  The  location  of 
said  reservoir  and  of  the  land  necessary  for  its  use.  is  as  follows :  -  -  of 
section  —  —  in  township .  of  range  —  —  M.,  containing  —  —  acres. 

I  hereby  certify  that  to  the  best  of  my  knowledge  and  belief  the  said  laud  is 
not  occupied  or  otherwise  claimed,  is  not  mineral  or  otherwise  reserved,  and 
that  the  said  reservoir  is  to  be  used  in  connection  with  the  business  of  the  appli- 
cant of 


The  land  owned  or  claimed  by  the  applicant  within  the  vicinity  of  the  said 
reservoir  (within  three  miles)  is  as  follows:  -  — . 

I  further  certify  that  no  part  of  the  land  to  be  reserved  under  this  application 
is  or  will  be  fenced ;  that  the  same  shall  be  kept  open  to  the  free  use  of  any 
person  desiring  to  water,  animals  of  any  kind ;  that  the  land  will  not  be  used 
for  any  purpose  except  the  watering  of  stock  and  that  the  land  is  not,  by  reason 
of  its  proximity  to  other  lands  reserved  for  reservoirs,  excluded  from  reserva- 
tion by  the  regulations  and  rulings  of  the  laud  department 


36 

The  water  of  said  reservoir  will  cover  an  area  of  -        —  acres,  in  —       —  of 

section .  in  township ,  of  range  —  —  of  said  lands;   the  capacity  of  the 

reservoir  will  be  —  —  gallons,  and  the  dam  will  be  —  —  feet  high.  The  source 
of  the  water  for  said  reservoir  is  — 

and  there  are  no  streams  or  springs  within  two  miles  of  the  land  to  be  reserved 
except  as  follows  :  -  — . 

The  applicant  has  filed  no  other  declaratory  statements  under  this  act  except 
as  follows : 

No. ,  —       —  land  office,  area  to  be  reserved  —   —  acres. 

No. ,  —       —  land  office,  area  to  be  reserved  —   —  acres. 

No. ,  —       —  land  office,  area  to  be  reserved  —   —  acres. 

No. ,  —       —  land  office,  area  to  be  reserved  —   —  acres. 

No. ,  —       —  land  office,  area  to  be  reserved  —   —  acres. 

No. ,  —       —  land  office,  area  to  be  reserved  —   —  acres. 

No. ,  —       —  land  office,  area  to  be  reserved  —   —  acres. 

No.  —  — ,  —       —  land  office,  area  to  be  reserved  —   —  acres. 

No. ,  —       —  land  office,  area  to  be  reserved  —   —  acres. 

No. ,  —       —  land  office,  area  to  be  reserved  —   —  acres. 

Total,  —  —  acres,  of  which  Nos.  —       —  are  located  in  said  county. 

And  I  further  certify  that  it  is  the  boiia  fide  purpose  and  intention  of  this 
applicant  to  construct  and  complete  said  reservoir  and  maintain  the  same  in 
accordance  with  the  provisions  of  said  act  of  Congress  and  such  regulations  as 
are  or  may  be  prescribed  thereunder. 

[Seal  of  company.]  — . 

Attest : 


STATK  OF 


Count a  of 


-.  being  duly  sworn,  deposes  and  says  that  the  statements  herein 


made  are  true  to  the  best  of  his  knowledge  and  belief. 


Sworn  to  and  subscribed  before  me  this  —   —  day  of  -      —  ,  in  the  year  19  —  . 

L  SEAIj.  \  , 

Notary  I'ublic. 

NOTE.  —  When  the  applicant  is  a  corporation  the  form  should  be  executed  by  its  presi- 
dent, Tinder  its  seal,  and  attested  by  its  secretary.  When  the  applicant  is  not  a  cor- 
poration or  an  association  of  Individuals,  strike  out  the  words  in  italics. 


LAND  OFFICE  AT 


I,  -  —  ,  register  of  the  land  office,  do  hereby  certify  that  the  fore- 

going application  is  for  the  reservation  of  lands  subject  thereto  under  the  pro- 
visions of  the  act  of  January  K'>.  IX'.iT:  that  there  is  no  prior  valid  adverse 
right  to  the  same;  and  that  the  land  is  not.  by  reason  of  its  proximity  to  other 
lands  reserved  for  reservoirs,  excluded  from  reservation  by  the  regulations  and 
rulings  of  the  land  department. 

Fees,  $  --  paid.  —  , 

Register. 


37 

The  description  of  the  business  of  the  applicant  should  include  "  a  full  and 
minute  statement  of  the  extent  to  which  he  is  engaged  in  breeding,  grazing, 
driving,  or  transporting  live  stock,  giving  the  number  and  kinds  of  such  stock, 
the  place  where  they  are  being  bred  or  grazed,  and  whether  within  an  inclosure 
or  upon  uninclosed  lands,  and  also  from  where  and  to  where  they  are  being 
driven  or  transported."  Circular  June  23,  1899. 


FOBM  10. 

STATE  OF  —  , 

County  of ,  ss: 

— ,  being  duly  sworn,  says  that  he  is  the  person  who  was  employed 
to  make  the  survey  of  a  reservoir  covering  an  area  of  -  -  acres,  the  initial 
point  of  the  survey  being  —  -  (here  describe  as  required  by  paragraph  23)  ; 

said  reservoir  having  been  constructed  upon  the quarter  of  the quarter 

of  section ,  township ,  range ,  -  -  principal  meridian,  as  pro- 
posed by  reservoir  declaratory  statement,  No. ,  which  was  filed  in  the  local 

land  office  at  -      — ,  under  the  provisions  of  the  act  of  January  13,  1897  (29 

Stat.,  484)  ;    that  the  said  survey  was  made  on  the day  of ,  19 — ; 

that  the  dam  and  all  necessary  works  have  been  constructed  in  a  substantial 
manner ;  that  the  reservoir  has  a  capacity  of  -  —  gallons,  and  at  the  time  of 
said  survey  contained  gallons  of  water. 


Sworn  and  subscribed  to  before  me  this day  of  -      — ,  19 — . 

[SEAL.] 


Notary  Public. 


FORM  11. 

I, ,  do  certify  that  I  am  the  president  of  the  company 

which  filed  (or  that  I  am  the  person  who  filed)  reservoir  declaratory  statement, 

No. ,  in  the  local  land  office  at  —      — ;  that  the  reservoir  proposed  has  been 

constructed  upon  the  —  —  quarter  of  the  —  —  quarter  of  section ,  township 

,  range ,  —       —  principal  meridian,  covering  an  area  of  —     —  acres, 

the  initial  point  of  the  survey  being  —  -  (describe  as  in  Form  10)  ;  that  the 
dam  and  all  necessary  works  have  been  constructed  in  a  substantial  manner  in 
good  faith  in  order  that  the  reservoir  may  be  used  and  maintained  for  the  pur- 
poses, and  in  the  manner  prescribed  by  the  said  act  of  January  13, 1897  (29  Stat, 
484),  the  provisions  of  which  have  been  and  will  be  complied  with  in  all  respects. 

[Seal  of  company.]  — , 

President  of  the  Company. 

Attest : 


Secretary. 


FOKM  12. 
STATE  OF  —     — , 

County  of ,  ss: 


— ,  being  duly  sworn,  deposes  and  says  that  he  is  the  president  of 
the company  which  filed  (or  that  he  is  the  person  who  filed)  reservoir 


38 

declaratory  statement,  No. ,  in  the  local  land  office  at ;  that  the  res- 
ervoir constructed  in  pursuance  thereof,  as  heretofore  certified,  has  been  kept 
in  repair ;  that  water  has  been  kept  therein  to  the  extent  of  not  less  than  — 
gallons  during  the  entire  calendar  year  of  19 — ;  that  neither  the  reservoir 
nor  any  part  of  the  land  reserved  for  use  in  connection  therewith  is  or  has 
been  fenced  during  said  years,  and  that  the  said  company  has  in  all  things  com- 
plied with  the  provisions  of  the  act  of  January  13,  1897  (29  Stat,  484). 


President  of  -       —  Company. 

Sworn  and  subscribed  to  before  me  this  —  —  day  of  —     — ,  19 — . 
[SEAL.]  — , 

Notary  Public. 

o 


c 


